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2006 Supreme(Jhk) 183

SUDHANSU JYOTI MUKHOPADHAYA
Kaushal Kumar – Appellant
Versus
Union of India (UOI) – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Ajit Kumar, Adv.
For Respondents/Defendant: J.P. Gupta, A.S.G.
For State of Bihar: Nehala Sharmin, Adv.
For State of Jharkhand: J.C. to G.P. III

JUDGMENT

S.J. Mukhopadhaya, J.

1. The petitioner has preferred the present writ petition for a direction on the respondents to consider his case for mutual transfer, in terms with the order, contained in Letter No. 14/279/2002-SR(S) dated 15th September, 2004.

2. It is stated that the petitioner has been allocated the State of Bihar and on the other hand, one Sri Shambhu Singh has been allocated the State of Jharkhand. As said Sri Shambhu Singh wanted to remain in Bihar and the petitioner wanted to his allocation in the State of Bihar, in terms of the aforesaid guideline dated 15th September, 2004, applications for mutual transfer were preferred, but no order was passed thereon.

3. During pendency of the application, preferred by the petitioner, Sri Shambhu Singh retired. Thereafter, the petitioner filed another application for mutual transfer vis-à-vis Sri Anandi Prasad. The case was taken up on 31st January, 2006 when the following order was passed:

Heard in part.

Counsel for the Union of India, State of Jharkhand and State of Bihar are allowed two weeks' time to obtain instructions and state as to which is the authority competent to pass appropriate order on the applications for mutua












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