SANDEEP KUMAR THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties. The prayer of the petitioner in this writ application reads as follows:--

(2.) Mr. Chittaranjan Sinha, learned Senior Counsel appearing on behalf of the petitioner, in support of the aforementioned prayer has submitted that the impugned order of transfer has been passed by way of vengeance and is mala fide. He has explained that the petitioner was subjected to a departmental proceeding and also an order of punishment at the behest of one Narendra Kumar, who had filed a written complaint to the Cabinet Minister. According to him, the order of punishment passed on 7.3.2013 while the petitioner was holding the post of Managing Director in the Central Co-operative Bank, Sitamarhi, withholding his five increments with cumulative effect as also withholding his promotion for five years was bad both on fact and in law on several grounds but then in any event such order of punishment against the petitioner could not have led to his transfer from the post of Managing Director, Central Co-operative Bank, Sitamarhi to the post of Lecturer in Co-operative Training Centre at Pusa. In this regard he has also explained that the petitioner has been sought to be transferred in the aforementioned Co-operative Training Centre, Pusa as a Lecturer whereas the Principal of the said Co-operative Training Centre is junior to the petitioner. According to Mr. Sinha, this would cause serious embarrassment and humiliation to the petitioner.

(3.) Learned counsel for the respondents, on the other hand, has submitted that the order of transfer of the petitioner was passed in administrative exigencies and the same would not require any interference from this Court. He has further submitted that the plea of mala fide which has been orally raised by the learned counsel for the petitioner does not find support from the pleadings on record, especially when the persons against whom malice is being alleged have not even been impleaded as a party to the writ application.