SURENDRA MOHAN KATERYAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner is a class II officer in the Department of Animal Husbandry and Fisheries, Government of Bihar. His grievance is against an order of transfer dated 30.6.1999 (Annexure-8) by which petitioner who was holding the post of District Daily Development Officer, Deoghar, has been transferred to Dhanbad as Manager, Milk Supply Project and respondent No. 3, who was District Dairy Development Officer, Lohardagga has been transferred to the post held by the petitioner at Deoghar.

(3.) According to the petitioner, he .still continues at Deoghar because in law such a transfer within the jurisdiction of Jharkhand Area Autonomous Council (JAAC) requires approval by authorities of JAAC and in absence of such approval the implementation of Annexure-8 was stayed by the Joint Secretary of Animal Husbandry, Government of Bihar vide order contained in Annexure-9 dated 2.8.1999 and also by a general order dated 7.8.1999 contained in Annexure-10. According to the petitioner, the authorities of JAAC have yet not consented to the proposed transfer as is evident from a letter dated 7.12.1999 annexed as Annexure-12 to the petitioner's reply to the counter-affidavit.