IN THE HIGH COURT OF JUDICATURE AT PATNA
PARTHA SARTHY, J.
CWJC No. 13897 of 2025
(13.1.2026)
Manish Kumar ... Petitioners
vs.
State of Bihar & Ors. ... Respondents
Service Law – Transfer – [Article 226 of Constitution of India] – Transfer of a government servant in a transferrable service is a necessary incident of service career – Several factors are taken into account in a transfer and only realistic approach is to leave the same to wisdom of hierarchical superiors to make the decision – Scope of interference in matters of transfer by High Court in exercise of its power under Article 226 of Constitution is very limited – Unless order of transfer is shown to be outcome of malafide exercise of power, violative of any statutory provision or having been passed by an authority not competent to do so, transfer order cannot be interfered with – No malafide has been alleged nor substantiated against any of respondents – Petitioner, before order of transfer came to be passed, had remained on said post and at said place for a period of three years – Petitioner has not made out any case for interference by this Court in impugned orders – Writ Application dismissed. (Paras 21, 29, 30, 33 and 34)
Partha Sarthy, J.—Heard learned counsel for the petitioner, learned counsel for the State of Bihar and learned Senior counsel for the respondent no.6.
2. The petitioner has filed the instant application for the following reliefs:—
“(I) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the notification dated 30.06.2025 issued under the signature of the Respondent no.3 and contained in his memo no.7261 dated 30.06.2025 whereby and where under a corrigendum was issued by the Respondent no.3, modifying the place of posting of 24 Executive Officers of different Urban Local Bodies, who were transferred and post, their present place of posting vide notification dated 30.06.2025 issued under the signature of the Respondent no.3 and contained in his memo no.7259 dated 30.06.2025, so far change of place of posting of petitioner and Respondent no.6 is concerned.
(II) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the order dated 14.08.2025 issued under the signature of the Respondent no.5 and contained in his memo no.2905 dated 14.08.2025, whereby and where under the Respondent no.5 has been pleased to relieve the Respondent no.6 from the post of Executive Officer of Nagar Panchayat , Thakurganj to facilitate his joining as the Executive Officer of Nagar Parishad, Buxar in view of Notification No.7261 dated 30.06.2025 notwithstanding that the transfer order issued by the Respondent nos. 2 and 3 are subject to completion of intensive revision of the electoral roll and the transfer orders can be made effective either after the work of special intensive revision is over and after necessary permission is received from the Election Commission of India for which the ElectionCommission has been requested under letter no.7210 dated 30.06.2025.
(III) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the action of Respondent no.6, whereby and where under he has resumed the charges of the office of Executive Officer of Nagar Parishad, Buxar vide his letter no.3726 dated 16.08.2025 even while, the petitioner was on leave for performing the last rituals of his wife, whom the petitioner had unfortunately lost on 03.08.2025 and he was to be performed her last rituals (Sharadh) on 15.08.2025, as also on the ground that the Respondent no.6 was since in hurry to join at Buxar, he had assumed the charges on 16.08.2025 when the office was closed on the occasion of Janmasthmi.
(IV) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to allow the petitioner tocontinue as the Executive Officer of Buxar Nagar Parishad in view of his transfer order under memo no.7259 dated 30.06.2025.
(V) For issuance of any other appropriate writ / writs, order / orders direction/ directions for which the writ petitioner would be found entitled under the facts and circumstances of the case.”
3. The case of the petitioner in brief is that having been appointed as Executive Officer of Urban Local Body, the petitioner started discharging his duties with all sincerity and devotion. His service record is excellent throughout and he has never been subjected to any proceeding even for infliction of a minor punishment. While the petitioner was posted as the Executive Officer, Nagar Parishad, Dumraon, taking into consideration his hard and sincere work as Executive Officer in different Urban Local Bodies, the petitioner was given additional charge of Executive Officer, Nagar Parishad, Buxar vide notification dated 14.6.2025.
4. It is the case of the petitioner that the respondent-Urban Development and Housing Department, Government of Bihar came out with a notification contained in memo no.7259 dated 30.6.2025 transferring the petitioner from Dumraon to the post of Executive Officer of Nagar Parishad, Buxar. On the same day i.e. 30.6.2025, the respondents came out with another notification contained in memo no.7261 dated 30.6.2025 whereby the petitio
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Transfer orders in public service are valid unless proven mala fide or in violation of statutory provisions.
The main legal point established in the judgment is that the issue of transfer is a prerogative of the employer, and the courts cannot interfere with transfer orders made on administrative grounds un....
The court affirmed that transfer orders are administrative decisions and should not be interfered with unless proven to be arbitrary or in violation of statutory provisions.
Courts cannot interfere with transfer orders unless shown to be an outcome of malafide exercise or in violation of statutory provisions prohibiting such transfer.
The main legal point established in the judgment is that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
Transfers in public service can be made on administrative grounds without detailed justification, provided they do not violate statutory rules or are made in bad faith.
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