SHALIGRAM SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner, learned Counsel for Respondents 1 to 3 and the learned Counsel for private Respondent No. 4.

(2.) A counter affidavit has been filed on behalf of the State and the private respondent.

(3.) MUCH emphasis was laid on behalf of the official respondents on their right to decide transfer and posting. There can be no dispute or controversy with regard to the same. To re -transfer the petitioner within a short span of eight months in the background of allegation of the transfer being to accommodate another person, it was obligatory on the part of the respondents to make out a case of inefficiency on part of others putting hindrance in the work. There is no such suggestion in the counter affidavit. The latter part of the administrative ground sought to be urged on behalf of the official respondent is vague. This Court is satisfied that it has been urged only in a desperate attempt to justify the term "administrative ground", when there be no other material in support of the same. No details of such report, the materials of such report, how it was hampering work etc. has been set out.