MAHESHWAR LABH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed against an order of transfer by which the petitioner has been transferred to Revenue Circle Bettiah at Manihari Anchal on the post of Lower Division Clerk from Farbeshganj of Khagaria District. The said transfer order was issued vide Memo dated--3rd June, 1995. The said order has been filed by the petitioner on various grounds, namely, that the wife of the petitioner is posted as an Assistant Teacher in the Primary School, Kosi and the petitioner who is suffering from Kidney problem, has been transferred at a place which is far away from the posting of petitioner's wife and the before it is not possible for the wife to look after her husband. The other ground of challenge is that the petitioner has made a representation against the said order of transfer but the same has not been disposed of till today and as such without disposing of the said representation the impugned order of transfer cannot be given effect to.

(2.) Learned Counsel appearing on behalf of the petitioner has placed reliance on an unreported judgment of this Court rendered in CWJC No. 1053 of 1980 with CWJC No. 496 of 1981. In the said unreported judgment the Hon'ble Justice Lalit Mohan Sharma, as his Lodships then was, held on the basis of the counter-affidavit filed in that matter that the transfer order was passed by way of punitive measure. His Lordship was pleased to observe as follows-- A perusal of the entire counter affidavit does not admit any manner of doubt that the order of the petitioners transfer had been passed as a punitive measure. Admittedly, he was not given any opportunity to show that the allegations of inefficiency against him are incorrect. The impugned order in CWJC No. 1053 of 1980, is, therefore, violative of principles of natural justice and is quashed.

(3.) With profound respect to my Lord, I am humbly of the view that the principles of natural justice, notwithstanding its considerable expansion in recent years, are not as yet attracted to an order of transfer.