KALP NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS appeal under Clause 10 of the Letters Patent of the Patna High Court is directed against the impugned order dated 29.7.98 passed by the Writ Court whereby repelling the submission of the appellant for quashing his transfer order dated 23.9.97 contained in Annexure -1 to the writ petition, by which he has been transferred from Siwan to Jamshedpur, the writ petition is dismissed.

(2.) THE facts leading to this appeal may compendiously be stated thus : Appellant Kalp Nath Singh is a sergeant in the Home Department of 'the State of Bihar and was posted at the relevant time at Siwan, where from he is transferred to Jamshedpur vide order dated 23.9.97 contained in Annexure -1 ,to the writ petition.

(3.) WHILE referring to Annexure - 6 to the writ petition, it is submitted that for an elected Secretary or office bearer of association of the Home Department (Police), it is the Director General of Police, who is competent authority to pass the transfer order. But in the instant case of appellant, the Additional Inspector General (Police), Respondent no. 2, has passed the transfer order transferring the appellant from Siwan to Jamshedpur and, therefore, transfer order is without jurisdiction.