RAJESH KUMAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The issue involved in the instant writ petition poses a piquant question, which may be formulated in the following words:- Can an executive order of transfer be made on the basis of a complaint made against an employee of the State, forming part of the executive, by a former Member of the Legislative Assembly, or a Member of Parliament, or any private person?

(2.) The petitioner is an Executive Engineer in Rural Works Department, Government of Bihar. He joined as an Assistant Engineer in the Irrigation Department at Purnea in the year 2018. In 2013, he was transferred to Vaishali as Assistant Engineer in Rural Works Department. Subsequently in 2015, he was transferred to Dalsing Sarai to discharge his duty as Assistant Engineer, RWD. He continued his service till 2020. In the year 2020, he was transferred to Khagaria. In 2022, he was promoted to the post of Executive Engineer and posted at Patna. In June 2024, he was posted as Executive Engineer, RWD at Kishanganj (II). By an order dtd. 31/1/2025, the petitioner was transferred as a Technical Advisor, Rural Works Department to the Superintending Engineer at Motihari.

(3.) The said order of transfer is challenged by the petitioner in the instant writ petition on the following grounds:-