IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3 of 2009 VISHWANATH THAKUR SUMAN Versus 1. THE STATE OF BIHAR, through the District Magistrate, Vaishali at Hajipur. 2. District Magistrate, Vaishali at Hajipur. 3. The District Panchayat Raj Officer, Mahnar, P.S. Mahnar, District-Vaishali at Hajipur. 4. The Block Development Officer, P.S. Mahnar, District-Vaishali at Hajipur. ……… Respondents. ----------- 3/ 02/03/2009 Heard learned counsel for the petitioner and learned counsel for the State of Bihar. No counter affidavit has been filed despite grant of adjournment for the purpose. The matter relates to a challenge to an order of transfer. This Court is not persuaded to adjourn the case any further. The submission on behalf of the petitioner is that after he was transferred by an order dated 23.10.2007 from Gram Panchayat Raj Chamarhara to Gram Panchayat Raj Sarmastipur under the Mahnar Block, he duly complied with the order of transfer and joined the transferred place of posting and started to discharge duties. Thereafter, on 24.11.2008, the Block Development Officer has directed him to report for duty at the Block Headquarters within 24 hours without any fresh orders for his transfer. 2 No government servant can be asked to hand over charge of his duties at a particular place without orders for fresh posting. Once an order of transfer is issued and the government servant has to join the transferred place of posting in pursuance thereof, he can be transferred afresh and only then the question of handing over of charge arises. In absence of any fresh orders for his transfer, the direction to him to hand over charge at the previous place of posting becomes arbitrary. The order dated 24.11.2008, annexure-3, is therefore, set aside. This shall be without prejudice to the rights of the State Government as the employer to deal with the petitioner on the issue of transfer and posting, in accordance with law. The application is allowed. KC (Navin Sinha, J.)