SHYAMANAND SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Secretary of the Rural Development Department and the Secretary of Personnel and Administrative Reforms Department has made an application that because of some religious function he is unable to attend the hearing. Mr. P.K.Shahi appears for the respondent no. 7. After a great deal of discussions for almost about 20 minutes with both the Secretaries, 1 am unable to find out what really they want this Court to do. The Secretary Rural says that the petitioner wants to continue at Sabour and for that only reason he is creating all these problems despite the order dated 20.6.2003 posting the respondent no. 7 in place of the petitioner. When this Court asked him that any transfers and posting order against the petitioner was ever issued by his Department, the said Secretary says that even if such orders are not issued the petitioner should have handed over the charge, could have reported to the Departments head i.e. the Secretary and within 15 days in accordance with the rules of business his posting orders could be issued.

(2.) WHEN this Court asked the Secretary, Rural that why posting orders were not issued since after 20th June, 2003 and why the Secretary, was awaiting the report of the petitioner that he was relieved and was reporting back to the Department the Secretary now says that he mooted a proposal and the same is pending consideration before the concerned minister.

(3.) I fall to understand in what manner the Government is being run. It is becoming rampant in this State that there is no synchronisation and cooperation between the Secretaries of different Departments. Even the Secretaries do not know that at what place they had the vacancies so that a particular man may be posted and transferred. Of late I am seeing that a man is transferred to place but the replaced man is not given any order of posting and if order of his posting is given to him at the transferred post/place he is not being allowed to join on the ground that there is no vacancy.