IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7203 of 2011 Indradeo Rai, son of late Ramawtar Rai, resident of Village – Phulparasi, P.O. Singrahaiya, P S – Sahiyara, District – Sitamarhi, Prabhari Pracharya (Principal Incharge), Mukhiya – Sarpanch Training Institute, Darbhanga Versus 1. The State of Bihar. 2. The Principal Secretary, Panchayati Raj Department, Govt. of Bihar, Patna. 3. The Special Work Officer, Panchayati Raj Department, Government of Bihar, Patna. 4. The District Panchayat Raj Padadhikari, District Panchayat Office, Darbhanga. 5. Sri Murari Prasad Srivastava, Lecturer, Mukhiya – Sarpanch Training Institute, Darbhanga, authorized to execute all works of Mukhiya –Sarpanch Training Institute, Darbhanga. 6. Dy. Secretary, Panchayati Raj Vibhag, Bihar, Patna. 7. The Dy. Director, Panchayati Raj, Darbhanga Division, Darbhanga. ----------- For the petitioner : M/S. Narayan Singh, Sr. Advocate and Birendra Kumar Singh. For the State : Mr. Anant Kumar Bhasker, AC to SC 2. ------ 02. 20.7.2011 It is not that the circumstance for effecting transfer of the petitioner does not exist. The Court would not like to extensively record the materials which have been brought in the counter affidavit on the issue, lest it may have a reflection on any proceeding against the petitioner or cause prejudice when the matter is dealt with independently. Even prima facie, if what has been alleged or the circumstances under which transfer had to be effected is true, this Court is with the administration that permitting the petitioner to continue on the post will surely create impediment on a free and fair proceeding which is required to be held in the matter. The contention of the learned senior counsel 2 representing the petitioner that this order of transfer is a punishment is not meted out in this case because the law does not state that every transfer will have to be treated as a punishment even if an employee in question is on a rampage. There is no merit in the writ application. It is dismissed. If the petitioner reports to the transferred station and joins within two weeks from today, the authorities will ensure that the petitioner starts drawing his salary on the transferred post in accordance with law. rkp ( Ajay Kumar Tripathi, J.)