LAWS(PAT)-2016-11-26

THE STATE OF BIHAR THROUGH ITS PRINCIPAL SECRETARY, BUILDING CONSTRUCTION DEPARTMENT, GOVERNMENT OF BIHAR, PATNA Vs. ARVIND KUMAR SINGH SON OF LATE BHUNESHWAR SINGH RESIDENT OF MOHALLA

Decided On November 28, 2016
The State Of Bihar Through Its Principal Secretary, Building Construction Department, Government Of Bihar, Patna Appellant
V/S
Arvind Kumar Singh Son Of Late Bhuneshwar Singh Resident Of Mohalla Respondents

JUDGEMENT

(1.) Heard learned counsel for the appellants and learned counsel for the respondents.

(2.) The challenge in the present Letters Patent Appeal is to an order passed by the learned Single Bench on 21st of September, 2016 in CWJC No. 11187 of 2016 whereby the learned Single Bench has set aside the order of transfer dated 30th of June, 2016.

(3.) Learned counsel for the appellants contends that disparaging remarks against the Deputy Chief Minister have been recorded without giving an opportunity of hearing, therefore, such disparaging remarks requires to be expunged. Reliance is placed on a decision in the case Om Prakash Chautala v. Kanwar Bhan, (2014) 5 SCC 417 . In the said case, the Court held as under:-