BACHCHU DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, learned counsel for the State, for the State Advisory Committee and for the private Respondent No. 8.

(2.) THE short controversy of this case has been noticed in the order dated 7.11.2007. Consequent to the reorganization of the State of Bihar and allocation of cadres, the petitioner made an application for mutual transfer alongwith Respondent No. 8 vide annexure -2. The Respondent No. 8, who was allocated the State of Jharkhand requested for transfer to the State of Bihar while the petitioner, who was allocated the State of Bihar requested. for his transfer to the State of Jharkhand. This mutual request was submitted on 9.4.2007 to the State of Bihar and to the State of Jharkhand, which was approved by the competent authority i.e. Union of India on 17.8.2007. In the meantime, on 3.7.2007 itself the petitioner withdrew his option based on mutual consent by submitting an application to his departmental head which was forwarded belatedly by the departmental head to the competent authority of the State Government for placing before the competent authority of the Union of India on 22.8.2007.

(3.) COUNSEL for the petitioner urged that once the petitioner withdrew his option for mutual consent there was no justification for acting on the earlier representation to effect the transfer thereafter.