SUNIL KUMAR CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ petition the petitioner has prayed for quashing part of the Memo No. 1714 dated 28.12.2007 (Annexure-9) so far as the same relates to the petitioner whereby the petitioner has been transferred from the post of Incharge, Superintendent of Excise. Dumka-cum-Lohardaga-cum-Simdega. The petitioner has also prayed for quashing the notification as contained in Memo No. 1716 dated 29.12.2007 (Annexure-9/1) whereby the respondent No. 4 has been transferred at the place of the petitioner.

(2.) The petitioner was selected in 40th Combined Competitive Examination con ducted by the Bihar Public Service Commission and was posted as Inspector. Excise in the Department of Excise and Prohibition, Government of Bihar in the year 1997. The petitioner was given promotion to the post of Excise Superintendent by Notification No. 4251 dated 5.12.2005 in the pay scale of Rs. 6500-200-10500. He was posted as Excise Superintendent, Munger-cum-Lak-hisarai-cum-Jamui-cum-Shekhpura.

(3.) The State of Jharkhand was created by virtue of the provisions of the Bihar Reorganization Act, 2000. There was cadre bifurcation in all the departments of the Government. The petitioner was given Jharkhand Cadre. A notification to that effect was issued by the Commissioner-cum-Secretary, Excise and Prohibition Department, Government of Bihar by Memo No. 1331 dated 10.4.2006 whereby the officers/employees of the said department, who were allocated Jharkhand Cadre, were relieved. The petitioner s name stands at Sl. No. 5 in the said letter dated 10.4.2006 clearly showing his post as Superintendent Excise.