PURUSHOTTAM SINGH Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) The present writ petition has been filed seeking the following reliefs:-

(2.) The brief facts of the case, according to the petitioner, are that the petitioner is a government servant, holding the post of Regional Forest Officer under the Department of Environment, Forest & Climate Change, Government of Bihar and was posted at Ara Forest Range under Forest Division at Ara where he was working satisfactorily to the appreciation of all concerned including the higher officials. It is the case of the petitioner that the petitioner has been transferred frequently without any rhyme or reason against the guidelines of the State Government, causing great distress and torture to the petitioner herein.

(3.) It is submitted that the petitioner was transferred from Hisua Forest Range under Nawada Forest Division, Nawada to Ara Forest Range under Bhojpur Forest Division at Ara by an order dtd. 27/5/2015 vide Memo No. 302/01-151 passed by the Principal Chief Conservator of Forest, Department of Environment, Forest & Climate Change, Govt. of Bihar, Patna (respondent no. 2). It is further stated that without completing minimum statutory term of tenure i.e. within one and half year, the petitioner was again transferred by the respondent no. 2 by an order dtd. 2/1/2017 vide Memo No. 303/2016-09 from Ara Forest Range under Bhojpur Forest Division at Ara to Patna Forest Division at Patna. It is further stated that after passing of transfer order dtd. 2/1/2017, vide Memo No. 303/2016-09 (Annexure-1), the petitioner was not able to join at his new posting on account of him being in judicial custody in connection with some family dispute and after coming out from judicial custody on 13/12/2018, the petitioner was not released by the concerned authority so as to enable him to join at his new posting i.e. at the Patna Forest Division at Patna, as such he was compelled to remain at Ara Forest Range under Bhojpur Forest Division, Ara. Subsequently, after a long time, the respondent authority directed the Divisional Forest Officer, Bhojpur, Ara to release the petitioner to enable him to join the new posting at Patna Forest Division, Patna. In view of the aforesaid direction, the petitioner was released from Bhojpur Forest Division, Ara whereafter, the petitioner submitted his joining at Patna Forest Division, Patna but the respondent authority did not accept the joining of petitioner in view of Letter No. 2212 dtd. 27/8/2019 whereby and whereunder the Principal Chief Conservator of Forest, Department of Environment, Forest & Climate Change, Govt. of Bihar (respondent no. 2) had imposed stay on all earlier transfer and postings. The petitioner is stated to have then submitted an application on 14/9/2019, addressed to the Divisional Forest Officer, Bhojpur, Ara wherein he stated that his joining has not been accepted at Patna Forest Division, Patna in view of Letter No. 2212 dtd. 27/8/2019 issued by the Principal Chief Conservator of Forest, Department of Environment, Forest & Climate Change, Govt. of Bihar (respondent no. 2). In view of non-joining of petitioner at Patna Forest Division, Patna, as stated above, the Divisional Forest Officer, Bhojpur, Ara vide Letter No. 1986 dtd. 23/9/2019, addressed to the Principal Chief Conservator of Forest, Department of Environment, Forest & Climate Change, Govt. of Bihar (respondent no. 2), made a request for continuation of petitioner on a vacant post at Ara Forest Range under Bhojpur Forest Division, Ara. The Principal Chief Conservator of Forest, Department of Environment, Forest & Climate Change, Govt. of Bihar (respondent no. 2), in view of recommendation of the Divisional Forest Officer, Bhojpur, Ara, had then passed an order dtd. 28/9/2019 vide Memo No. 2556 whereby and whereunder the petitioner was directed to remain posted at Ara Forest Range under Bhojpur Forest Division, Ara. Nonetheless, the Principal Chief Conservator of Forest, (respondent no. 2), within a very short span of two and half months of his previous order again passed an order dtd. 10/12/2019, contained in Memo No. 3318, whereby and whereunder the respondent authority, mechanically and in complete violation of the settled principles of law with respect to transfer & posting of Govt. servant as also without completion of the minimum tenure of posting at Bhojpur Forest Division at Ara, malafidely again passed an order of transfer of the petitioner from Bhojpur Forest Division at Ara to Patna Forest Division at Patna.