IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11050 of 2011 Sanjay Kumar, son of late Yugal Kishore Mandal, resident of village – Kasb, P.O. Manikpur, P S – Tarapur, Dist. Munger, Bihar currently posted as Excise Superintendent, Siwan Versus 1. The State of Bihar through the Principal Secretary, Department of Registration, Excise and Prohibition, Government of Bihar, Patna. 2. The Commissioner, Department of Registration, Excise and Prohibition, Government of Bihar, Patna. 3. Under Secretary, Department of Excise and Prohibition, Government of Bihar, Patna. ----------- 03. 11.8.2011 The original file of the transfer order passed in case of similarly situated persons has been produced. The Court may not have occasion to express its opinion on the methodology which has been adopted in passing the transfer order. If the occasion arises there may be an opportunity for the Court to express its opinion on the merits of the order of transfer passed against not only the petitioner but other persons who are affected by such order of transfer. However, keeping in mind that there may not be an occasion to decide the issue at this stage as learned counsel for the State submits that the Secretary, Department of Registration, Excise and Prohibition is willing to consider the representation of the petitioner and the explanations which have been offered by him, the Secretary, Department of Registration, Excise and Prohibition, Government of Bihar shall consider the application of the petitioner and the explanations offered by him and pass an order within a period of 2-3 weeks from today. 2 Petitioner is directed to file a fresh application on this count irrespective of Annexure-3 fortrhwith and a decision will be communicated to the petitioner after due consideration of all those materials raised by way of speaking order. It is clarified that the order in question will not be a cryptic one by saying that everything has been considered and there is no merit. The reading of the order must indicate application of mind on the issue raised by the petitioner. Writ is disposed of with above direction. Till the decision of the representation of the petitioner, he would not be coerced to join his new post. The original file is returned to the learned State counsel. rkp ( Ajay Kumar Tripathi, J.)