AWADHESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner at the material time was posted as M.V.I. at Dhanbad. By this application under Article 226 of the Constitution the petitioner has impugned the legality of the order date 30.6.95 as contained in Annexure-1 whereby he has been transferred to Darbhanga for administrative reasons. The order was to be implemented with immediate effect. The petitioner immediately rushed to this Court and filed a writ application bearing CW.J.C. No. 1498/95(R); The said application was disposed of on 6.7.95 by passing following orders: After some argument, learned Counsel for the petitioner seeks leave of this Court to withdraw this application and as such this writ petition is dismissed as with-drawn. However, this will not prevent the petitioner from making any representation against his transfer, before the appropriate authority.

(2.) The petitioner had withdrawn the application for filing a representation for cancelling the transfer. On 7.7.95 his wife filed a representation before the Revenue Minister praying that the transfer be stayed for six months on the ground she was suffering from various ailments. The petitioner without waiting for order on the representation filed instant writ application on 13.7.95. By order dt. 14.7.95 conditional order of status quo passed.

(3.) By another notification dated 30.6.95 Chandra Bhusan Pd. Singh (respondent No. 4) has been posted in place of the petitioner. The said respondent 1 as appeared and filed counter affidavit stating that he assumed charge on 13.7.95 in the forenoon vide letter No. 888 dt. 13.7.95 of the Deputy Collector, Confidential section, Dhanbad. This statement is, however, disputed by the petitioner and asserts that he is still continuing there by virtue of the status quo order and it is not a fact that he had been divested of his office. Whether the respondent No. 4 has assumed charge is not the issue. The main question is whether the petitioner has made out any case for interference by this Court in a transfer matter.