The court affirmed that transfer of a government employee is a necessary incident of service, with limited grounds for judicial review, primarily focusing on administrative necessity without proof of malafides.

JUDGMENT

Date : 13-01-2026

1. 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