DEVI DUTTA GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the State.

(2.) THE petitioners came to this Court assailing their orders of transfer vis -a -vis the private respondents inter alia on the grounds that they were senior to the private respondents and, hence, they were entitled to a posting of their choice. The Establishment Committee recommendations of their places of posting was in consonance with law. The subsequent interference therewith by the Minister were acts of favouritism to accommodate the private respondents rendering the changes arbitrary and mala fide.

(3.) THIS Court heard these writ applications together. By judgment and order dated 8.7.2005 this Court opined that in view of the fact that the transfers in question were only by way of a working arrangement made as far back as 2003, in the year mid 2005 there was no justification to interfere with the same when the State was in the process of finalizing the gradation list and regular transfer and postings, which was being monitored by a Bench of this Court being CWJC No. 139/04 (Dr. Arun Kumar Prasad vs. The State of Bihar & Ors.) fixing a deadline of 31.7.2005 for the purpose. This Court, therefore, also declined to go into the question of the legality of the actions of the Minister and allegations of mala fide. The writ applications were dismissed. The matter travelled to the LP.A. Court when it came to be remanded by the Division Bench with the observation that when an issue had been raised, it had to be considered and decided in accordance with law.