NANDINI KUMARI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) All these bunch of writ applications were clubbed together because a common Notification No.646, dated 30th of June, 2016 transferring 461 persons came to be challenged on one ground or the other.

(2.) All these petitioners, therefore, want quashing of the notification in relation to their transfer on the ground that the order of transfer has been effected without any application of mind or yardstick. A reading of the list itself will indicate that position because there are dead people, who have been transferred, there are people, who are going to superannuate in couple of months, who have been transferred, there are persons, who have been in their post and position for less than a year, who have been transferred and many other instances of such glaring kind have been indicated in the pleadings and averments, specially made in CWJC No.11160 of 2016. Looking at the bundle of facts and the submissions, the State was directed to file a counter affidavit and explain the rational behind such en masse transfer to which they take a stand that because of the World Bank funding and the obligation created therein most of the training centers are required to be manned by the people, who have been transferred as their skill and experience is required to be utilized in those institutions. That seems to be the primary reason or basis on which such transfers have been effected by way of justification.

(3.) During the course of argument learned senior counsel representing the batch of advocates on behalf of the petitioners also made a submission that the stand taken with regard to the plea of World Bank is not available in the official record or decision making process. If the original file is looked into, this position will be established.