RAM SEWAK SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three matters have been heard together and are therefore, being disposal of by common order. C.W.J.C. No. 10357 of 1994 has been filed by Ram Sevak Singh (hereinafter referred to as 'the petitioner' challenging the order of transfer dated 15th November, 1994 (Annexure-12), whereby the petitioner has been transferred from the post of Block Supply Officer, Chapra, to the post of Block Supply Officer, Siwan Sadar Circle.

(2.) It is necessary to refer to the factual background in which the impugned order of transfer (Annexure-12) was passed, which has been challenged in the writ petition by the petitioner. It is not in dispute, and it appears from the averment contained in Paragraph No. 29 of the writ petition itself, that the petitioner was posted as Supply Inspector in the district of Saran from 8th August, 1972 to 17th May, 1978. After he had remained at Saran for almost six years he was transferred to Dhanbad. The petitioner was then the District Secretary of the Non-Gazetted Employees Federation. The Federation represented against his transfer, and pursuant thereto within about eight months the petitioner was re-transferred to his old post. He joined at Saran as Supply Inspector on 16-1-1979. He held that post till 5th December, 1986 i.e., for about eight years, and thereafter he was appointed as Block Supply Officer, Chapra with effect from 6-12-1986. Chapra is the head-quarters of the district of Saran, Siwan which was originally the sub-division of the district of Saran has now become a full-fledged district.

(3.) It will thus appear from the admitted facts that for almost twenty two years the petitioner has remained at Saran or its head-quarter at Chapra. A writ petition was filed before this Court in public interest by Vidya Singh and Ors. being C.W.J.C. No, 1404 of 1994, in which serious allegations were made against the petitioner, and it was stated that the petitioner being an influential person had managed to stay at the same station for a long period, and whenever he was sought to be transferred, he managed to get the order of transfer cancelled. Serious allegations were made against the petitioner as to the manner in which he was functioning, and it was alleged that his continuance in the district of Saran was against public interest and further action should be taken against the petitioner for his misdeeds. The petitioner was also temporarily incharge of the Block Supply Office at Masrak. Vidya Singh and Ors. had prayed in that writ petition that an enquiry should be conducted into the acts of omission and commission of the petitioner, and that he should be transferred. Other reliefs were asked for, which, it is not necessary to refer. The aforesaid writ petition was filed on 4th February, 1994. When the matter came up for admission on 17th August, 1994, the Learned Additional Advocate General III informed the Court that the petitioner had been transferred. In view of the statement made at the Bar, which satisfied the petitioners the Court did not consider it necessary to go into the questions urged, which were raised in the aforesaid writ petition. It is not denied that by order dated 20th July, 1994 the petitioner bad in fact, been transferred from Chapra to the head-quarters at Patna. The aforesaid order of transfer has been annexed as Annexure-6 to the writ petition. The transfer order mentions that the same was being passed in view of the assurance given in the legislative assembly on a call attention motion as also for administrative reasons and in special circumstances. It appears that the local M.L.A. had raised the issue on the floor of the assembly, but it was stated at one stage that it was not possible to transfer the petitioner since he happened to be an office bearer of the Union of Government servants.