KANHAIYA UPADHYAYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the appellant as also learned Counsel for the respondent-State.

(2.) In this letters patent appeal an order dated 22.11.1996 passed by the Hon'ble Single Judge in C.W.J.C. No. 3822 of 1996(R) has been assailed.

(3.) The appellant had filed that writ petition for quashing of the order of his transfer vide memo No. 5382 vide p-1 dated 7.11.1996 and order No. 396 contained in Memo No. 2321 dated 9.11.1996 (Annexures 1 and I/A to the writ petition) and the main ground taken by petitioner was that since he was posted the Police Training College for about four years, he was entitled under the provisions of Rule 778(iv) of the Bihar Police Manual, 1978 to get a place of choice posting, where he was entitled to stay under the rule for at least three years, but. his transfer was done before the expiry of the exit period.