Vivekanand Swami vs State Of Bihar - 2021 Supreme(Pat) 1000

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Pat) 1000

IN THE HIGH COURT OF PATNA
ANJANI KUMAR SHARAN, J.
Vivekanand Swami - Appellant
Versus
The State Of Bihar And Others - Respondent
Civil Writ Jurisdiction Case No. 727 of 2021
Decided on : 22-03-2021

Advocates:
Advocate Appeared:
For the Appellant :Mr. Sanjay Kumar Singh, Advocate
For the Respondent: Mr.Lalit Kishore, Adv.

Headnote:
Service Law – Transfer – petitioner, a Forest Range Officer, has been transferred by the competent Authority i.e., by his Controlling Officer, on administrative grounds and only recommendation has been made by the concerned authority that the petitioner has failed to perform his duty – it is the prerogative of the employer to post a particular person at a particular place – the state government, being the employer, is the pay master and, therefore, the employee cannot question the term of transfer and posting – if that is permitted to question then functioning of the state would become very difficult – writ petition dismissed. (Paras 16 & 22).
CWJC No. 12656/2006, 2014(1) PLJR 232, AIR 1995 SC 423, 2008(1) PLJR 440, 2010(2) PLJR 433, (1989)2 SCC 602—Referred.

JUDGMENT :

1. Heard learned counsel for the petitioner and learned counsel for the State.

2. On 03.02.2021, this Court has stayed the order dated 02.09.2020 (Annexure-8 of the writ petition) passed by Principal Chief Conservator of Forest. For vacating the aforesaid stay order, respondents have filed an interlocutory application, bearing LA. No.1 of 2021 and also filed counter affidavit. I deem it proper not to pass separate order on LA., as with consent of all the parties appearing in this case, this writ petition has been heard finally for disposal at this stage itself.

3. The present writ petition has been filed for the following reliefs :-

(i) For issuance of an order, direction or writ in the nature of certiorari quashing that part of Memo No. 1857 dated 02.09.2020 by which the petitioner has been transferred from the post of Forest Range Officer, Rajauli (Nawada) to Gopalganj in the same capacity.

(ii) For issuance of an order direction or writ in the nature of mandamus, directing the respondent authorities to post the petitioner in anywhere in the State of Bihar except a place where one Sunil Kumar C.F. Siwan is posted and the petitioner will have to work under him.

(iii) Any other relief or reliefs to which the petitioner may be found entitled to in the facts and circumstances of this case.

4. The fact giving rise to the present writ petition in narrow compass, is that the petitioner was working as a Forest Range Officer under the Conservator of Forest (in short C.F.), Siwan Circle. The petitioner was posted under him and both of them were under Administrative Control of the Conservator of Forest, Siwan Circle wherein torture of the petitioner was started at the behest of the Conservator of Forest, Siwan Circle and the petitioner was not ready to succumb to the illegal pressure created by the Conservator of Forest, Siwan.

5. Vide letter no.1619 dated 26.11.2018, the C.F., Siwan issued a letter to the said Virendra Kumar Daradh and one Rafi Ahmad, Forest Guard, Raksaul directing them to constitute an enquiry committee to look into the work of a forestation in the area Loria to Jakhara for the year, 2018-19 at complain had been received. This was done to pressurize the petitioner to succumb to the petitioner and commit frauds and legalities. On 27.11.2018, the petitioner while discharging the duty as Forest Range Officer, Areraj made a representation/ application before the Principal Chief Conservator of Forest, Bihar making specific allegation against him, the C.F., Siwan (the said Sunil Kumar) and certain other persons stating therein that the said C.F., Siwan with the help of the persons named therein in the application were trying to falsely implicate him in any case (Annexure-2 to the writ petition). On 03.12.2018, the petitioner moved the Court of Chief Judicial Magistrate, Patna (his residence) against the C.F., Siwan, and others intimating the learned court that there was a serious threat to his job and his life in the hands of the opposite parties as mentioned in the said petition (Annexure-3). On 13.12.2018, the petitioner again wrote to the respondent no.2 requesting him to provide protection and security for both his job as well as life (Annexure-4). Vide Memo No.131 dated 21.12.2018, the petitioner was transferred from Areraj (East Champaran) to Rajauli (Nawada) under the orders of respondent no.2 and was directed to join the transferred post on or before 01.01.2019.

6. On 24.12.2018, the petitioner represented before the Principal Secretary of the Department requesting him that all the official works undertaken by him at his present place of posting (Areraj Range) be done transfer to his new place of posting at Nawada else the petitioner would be falsely implicated for not completing works by his superior authorities (Annexure-5).

7. Pursuant to the transfer of the petitioner from Areraj to Rajauli Forest Division, Nawada, he joined as the Forest Range Officer, Rajauli in Nawada Forest Division on 03.01.2019 and sta