MANOJ KUMAR VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the private respondent No. 6.

(2.) An intervention petition bearing I.A. No. 2909 of 2005 has been filed in this case on behalf of Bihar Rajya Beej Parikchan Karamchari Sangh, Mithapur Agriculture Parichatra, Patna and seven other employees of the department for being impleaded as party respondents for contesting the writ case. Their plea for being impleaded is contested by the petitioner and is supported by the private respondent. According to the learned counsel for the interveners the matter is of importance for the general employees, hence the Karamchari Sangh is a necessary party and further since allegation have been levelled against five persons in paragraph 13 of the writ petition including applicants No. 2, 4 and 8, the intervenors are also necessary parties for the disposal of this case. However, from paragraph 13 of the writ petition it is quite apparent that merely a statement with regard to an occurrence was made therein, while explaining the facts of the case on the basis of which neither any relief was claimed, nor any action is sought against them, nor even the interest or general employees of the department is in any manner connected with this case. Hence the entire claim of the intervenors is baseless and frivolous and is a mischievous attempt to politicalise this case, specially when the record shows involvement of Ex-Minister and Ex-MLA in the transfer matter. Accordingly, the aforesaid intervention petition bearing I.A. No. 2909 of 2005 is rejected.

(3.) This writ petitioner is a Deputy Director (Class II) in the Department of Agriculture, Government Bihar and is aggrieved by Government Notification No. 2881 dated 30.6.2004 issued vide Memo No. 2885 dated 30.6.2005 (Annexure 1) issued by the Under Secretary of the Department (respondent No. 5), by which the petitioner was sought to be transferred from the post of Deputy Director of Agriculture (Seed Analysis), Bihar, Patna to the post of Deputy Director of Agriculture (General), Saran at Chhapra and is also aggrieved by Government Notification No. 2858 dated 30.6.2004 (Annexure 1), by which respondent No. 6 was sought to be posted at Patna in place of the petitioner. The petitioner is also aggrieved by order vide Memo No. 112 dated 1.2.2005 (Annexure 2) issued by the Under Secretary of the Department (respondent No. 5) informing the petitioner that his representation against his transfer had been rejected and he was directed to immediately join the post to which he had been transferred by Notification dated 30.6.2004.