LAWS(PAT)-2009-1-94

PRAVIN KUMAR SINHA Vs. STATE OF BIHAR

Decided On January 22, 2009
Pravin Kumar Sinha Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

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

(2.) THE petitioner was transferred by an order dated 30.6.2008. He joined the place of transfer at Phulwarisarif, Patna. After he had joined, the respondents cancelled the order of transfer by an order dated 6.10.2008. This aspect of the issue, cancellation of an order of transfer which had already taken effect, has been decided by two Bench decisions of this Court, reported in 2000(2) PLJR 332, (Smt. Jyotsna Kumari vs. State of Bihar & Ors.) and 2000(3) PLJR 139, (Mahmood Azam Siddique & Ors. vs. The State of Bihar & Ors.), holding that an order of transfer once issued and acted upon becomes a spent force and redundant. Thereafter, there is no transfer order in existence for cancellation or annulment.

(3.) FOLLOWING the same, this Court in CWJC No. 16215 of 2008, (Vidya Sagar Singh & Ors. vs. The State of Bihar & Ors.), and analogous cases by the order dated 6.1.2009 has held to the same effect.