IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21728 of 2012

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Parth Sarthi S/O Shree Uday Shankar Singh R/O B-145 Birla Colony,

Phulwarisharif, Patna .... .... Petitioner

Versus

1. The State Of Bihar through the Principal Secretary Transport Department,

Bihar, Patna

2. The Principal Secretary cum State Transport Commissioner, Transport

Department, Bihar, Patna

3. The Deputy Transport Commissioner, Bihar, Patna

4. The District Magistrate cum Collector, Samastipur, Bihar

5. The District Transport Officer, Samastipur, Bihar .... .... Respondents

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Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr.

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CORAM: HONOURABLE MR. JUSTICE SAMARENDRA

PRATAP SINGH

ORAL ORDER

3

19-12-2012

The petitioner prays for quashing order dated

21.11.2012, contained in Memo no. 4604 issued by the Principal

Secretary cum State Transport Commissioner, Transport

Department, Bihar, Patna, (respondent no.2) by which he has

been transferred from Samastipur to Arwal.

The petitioner was a Motor vehicle inspector at

Samastipur. He was transferred to Arwal vide order dated

21.11.2012. He has challenged the transfer order stating that

the same is punitive and bad in law. He refers to the case of

Somesh Tiwari Vs. Union of India and others, reported in

(2009)2 Supreme Court Cases 592.

Learned counsel for the State submits that on account

Patna High Court CWJC No.21728 of 2012 (3) dt.19-12-201

2/2

of allegations, the petitioner has been transferred to the new

place due to administrative exigencies. A departmental

proceeding has also been initiated and a show cause has also

been given. The State has placed reliance upon case Registrar

General, High Court of Judicature of Madras Vs. Perachi and

Others, reported in (2011) 12 SCC 137.

From perusal of the transfer order it appears that the

petitioner has been transferred to Arwal on administrative

grounds. Furthermore, a departmental proceeding has also been

initiated against him in which the Conducting officer is at Patna,

a nearby place from Arwal.

In such circumstances, I am not inclined to interfere

with the transfer order. However, it would be open for the

petitioner to make representation for his posting anywhere close

to Patna so as to facilitate departmental proceeding. If such

representation is filed, the same would be considered and

disposed of by respondent no.2 within two weeks thereof.

The writ petition is disposed of.

Shashi./-

(Samarendra Pratap Singh, J)