ARVIND KUMAR SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned senior counsel for the petitioner and the counsel for the State. There is none to represent respondent no.4

(2.) Submission of the counsel for the petitioner is that within a year the petitioner has been transferred from his present place of posting at the instance of a Member of Legislative Assembly, which is evident from reading of Annexure- 6, dated 15.6.2016. Allegations have been made by the MLA, who has written a letter to the Deputy Chief Minister -cum- Minister for Building Construction Department, Government of Bihar. This led to issuance of the notification contained in Annexure- 1. Name of the petitioner figures at serial 33. In place of the petitioner, private respondent no.4 has been posted. Many a things have also been said with regard to respondent no.4.

(3.) From the materials available on record, it seems that the present decision to effect transfer of the petitioner has been taken for extraneous reasons and for, may be political consideration. The law on this subject had been laid down by this Court three decades ago in the case of Abdul Muttalib Vs. the State of Bihar & others reported in 1985 BBCJ 557: 1985 PLJR 931. This is what the Division Bench had to observe :