RAJIV RANJAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Mrigank Mauli, Counsel appearing for the petitioner. The petitioner holds the substantive post of Archivist and he was posted in the Directorate of Archives at Patna. He seeks to challenge the transfer orders (under Annexures 4, 5 & 9) by which he is directed, to join the Regional Record office. Bhagalpur with additional charge of District Record Offices, Purnea and Munger. In furtherance of the transfer orders. the petitioner has already been relieved from his post at Patna.

(2.) MR. Mauli strongly submitted that the transfer order was inherently flawed since it did not identify the post on which the petitioner was asked to join. Learned Counsel submitted that in the Regional Archives Office, there was no post of Archivist. the Page 2374 Regional Archives Office was under the charge of a Regional Archives Officer, higher in rank than the Archivist and apart from him, there were the posts of book binder and of similar other menial kinds. Similarly, there was no post of Archivist in the District Record Office that was under the District Magistrate, MR. Mauli further submitted that the petitioner had no interest in staying at Patna and was willing to go out and work anywhere provided he was assigned a proper post having regard to his substantive post of Archivist. He submitted that: even in the order by which the petitioner's representation was rejected by the departmental authority or in the two counter affidavits filed before the Court, the respondents had carefully avoided to clearly state the post on which the petitioner was to join in the Regional Archives Office.