SUNIL KUMAR PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two cases, heard together, are disposed of by this common order. The petitioner of CWJC No. 8337/2001 has been transferred from Motihari to Bettiah on the same post of Anchal Adhikari in place of petitioner of CWJC No. 9168/2001 who has been transferred to Saraiya in Muzaffarpur district. Being himself aggrieved by the order he naturally supports the petitioner in CWJC No. 8337/2801 wherein he figures as respondent No. 9. Shanker Baitha has been posted in place of petitioner of CWJC No. 8337/2001 as Ancdhal Adhikari, Motihari. He is respondent No. 10 in the case and is the real contestant. The cases being connected were accordingly heard together.

(2.) The case of the petitioners is that the impugned orders of transfer are violative of the transfer policy contained in Resolution No. 3918 dated 25 -10 -1980 of the Cabient Secretariat and Co -ordination Department which lays down the procedure of transfer and posting of the Government servants. The resolution provides for an Establishment Committee, amongst other things, to consider the cases of the officers ripe for transfer. According to the petitioners their cases were not considered by the Establishment Committee, they were in fact not in the transfer list but their names were added to the list by the Minister -in -Charge, Revenue.

(3.) Two counter -affidavits have been filed on behalf of the Department, The substance of the respondents' case is as follows. The impugned transfers were made after following the laid down procedure in a chain of transfer involving 36 persons "duly passed by the Establishment Committee". The normal tenure of the Anchal Adhikari as per Resolution No. 310 dated 17 -6 -1998 of the Revenue and Land Reforms Department is two years as against which petitioner of CWJC No. 8337/2001 had remained on the post for two and half years. It may be mentioned here itself that so far as the petitioner of CWJC No. 9168/2001 is concerned it is not in dispute that he had served at Bettiah nearly for 8 months. He has been transferred from Bettiah as a result of posting of the petitioner of CWJC No. 8337 of 2001. The further case of the respondents is that under Rule 22 of the Rules Executive Business proposals regarding transfer and posting are required to be placed before the Minister -in -Charge who has power to change the proposal or add to the list on administrative ground and in public interest.