GURUDEO PRASAD MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) AFTER hearing the learned counsel for the parties, this writ petition is being disposed of at the stage of admission itself by passing the following orders.

(2.) THE impugned order in this case is at annexure -1 dated 22nd July, 1995 passed by the Engineer -in -Chief, respondent no.2 herein. By the said order several persons have been transferred. So far as the petitioner is concerned, his name figures at serial no.6 in the said list. This Court is concerned only with the transfer of the petitioner and not with other persons affected by the said order. The main grievance of the petitioner is that by order, dated 20th June, 1995, he has been transferred from the post of Estimator, Road Construction Department, Biharsharif to Bir Oriyars Prashakha in Patna City and pursuant to the said order of transfer he joined the new place of posting on 29th June, 1995. Barely within a month thereafter the petitioner is sought to be transferred by the impugned order dated 22nd July, 1995 again back to Biharsharif as an estimator. This Court finds that this transfer of the petitioner within a month of his joining the place of posting is arbitrary and therefore unreasonable. Learned counsel for the State -Respondents has not been able to indicate any cogent ground or reason for such transfer of the petitioner within a month of the petitioner's posting at Patna City.

(3.) IN the counter -affidavit filed by the State -Respondents nothing has been stated why it was considered necessary to transfer the petitioner within a month of his posting at Patna City.