KRISHNA KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS letters patent appeal is directed against an order by which the writ petition filed by the appellant -petitioner was neither allowed nor disallowed but was disposed of with certain directions. As a result, the appellant finds himself worse -off than he was before coming to the court.

(2.) THE matter relates to a dispute between the appellant and respondent no. 4 (both members of the Bihar Administrative Service) with regard to the posting as Block Dev. Officer/Circle Officer, Patna Sadar. The appellant filed the writ petition challenging notification no. 3673, dated 17.6.2005 by which, within six weeks of his transfer to Munger, respondent no. 4 was brought back as Block Dev. Officer, Patna Sadar. The learned Single Judge took the view that the appellant had remained posted in the district of Vaishali for an inordinately long time and similarly respondent no. 4 had managed to stay in Patna for a very long time. He, therefore, directed the concerned authorities in the Government to reconsider the matter of their transfer and to post them both at places outside the districts of Patna and Vaishali. Thus, the petitioner who moved the court against the loss of the post of Block Dev. Officer, Patna Sadar to respondent no. 4 was slapped with the order that he should be shifted out of Patna and Vaishali alongwith respondent no. 4.

(3.) THIS would give an impression that the appellant and respondent no. 4 were similarly placed and in the matter of postings and both of them equally received undue favours from the Government.