IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.452 of 2009 5 2.7.2009 Ajay Kumar Sinha, son of Late Awadesh Prasad, resident of village- Jujharpur, Post Office, Ambara, Police Station- Saraiya, District Muzaffarpur, at present posted and working as Block Supply Officer Rafiganj Block, District Aurangabad, resident of Daudpur Kothi, P.O. MIT, Muzaffarpur, District Muzaffarpur .... Respondent no.2 Appellant VERSUS 1. The State of Bihar through the Secretary, Food and Consumer Protection Department 2. The Secretary, Food and Consumer Protection Department, Government of Bihar, Patna 3. The Deputy Secretary, Food and Consumer Protection Department, Government of Bihar, Patna 4. The District Magistrate, Aurangabad 5. The District Magistrate, Rohtas at Sasaram 6. The Sub Divisional Officer, Aurangabad 7. The Sub Divisional Officer, Sasaram 8. Uma Shankar, son of Sri Vidya Singh, resident of village Dehri, Police State- Bihta, District Patna ...... Respondednts -------- Heard the parties. Respondent no.8 in this appeal preferred writ petition bearing CWJC No.2419 of 2009 and challenged an order of the Government dated 6.10.2008 whereby his earlier transfer from Chenari to Rafiganj vide order dated 30.6.2008 was annulled. The Writ Court noticed that no counter affidavit had been filed on behalf of the respondent State but proceeded to dispose of the writ petition on the assertion of the writ petitioner that since the transfer order dated 30.6.2008 had already been acted upon, it could not be annulled. The Writ 2 Court thus allowed the writ petition but clarified that the respondent shall not be inhibited from passing any fresh orders for transfer and posting of the petitioner in accordance with law. The appellant, Ajay Kumar Sinha, claims that he was posted at Rafiganj from before and considering the relevant facts, he was again brought back to Rafiganj by the competent authority prior to issuance of the order under appeal on 16.3.2009. Therefore, in the appeal he sought an interim order of stay which was granted on 23.4.2009 to be effective for a period of three months. On that basis the appellant claims to have continued at Rafiganj till date. From the counter affidavit of the State it appears that in view of all the relevant facts and the liberty granted by the Writ Court, the competent authority has issued a notification bearing no.2096 dated 18.6.2009 posting the writ petitioner who is respondent no.8 herein, at Singheshwar, Madhepura. On facts as appearing from Annexure-A to IA No.3309 of 2009 filed on behalf of respondent no.8, we find nothing extraordinary in action of the respondents in allowing the appellant to continue at Rafiganj where he had not completed his full tenure of three years. Hence, we are not 3 inclined to interfere in the matter, more particularly when the concerned authority has now issued a fresh order in respect of transfer and posting of the writ petitioner- respondent no.8. In that view of the matter, the whole dispute relating to earlier transfer of the writ petitioner- respondent no.8 has become infructuous. The appeal is disposed of accordingly. However, liberty is granted to respondent no.8, Uma Shankar, that if he is aggrieved by notification dated 18.6.2009 posting him at Singheshwar, Madhepura, he will be at liberty to seek his remedy by filing representation or by taking any other appropriate steps in accordance with law. (Shiva Kirti Singh, ACJ) (Anjana Prakash, J.) sk