IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17143 of 2008 2 28.11.2008 Binay Kumr, S/o Sri Sashi Bhushan Prasad Gupta, Resident of Gopalpur, P.S.Kalyanpur, Vaya- Narga, District Samastipur at present Assistant Engineer, Flood Control Sub Division No.1, Behiya Camp, District Arrah VERSUS 1. The State of Bihar through the Secretary, Water Resources Department, Bihar, Patna 2. The Chief Engineer, Water Resources Department, Zone Dehri, Bihar 3. Superintending Engineer, Sone Canal Circle, Arrah 4. District Magistrate, Bhojpur, Arrah 5. Executive Engineer, Flood Control Division No.2, Arrah. ------- Heard learned counsel for the petitioner and learned counsel for the State. Two grounds have been urged on behalf of the petitioner to assail the order of transfer dated 28.6.2008 contained in Annexure-3. Firstly, it has been submitted that petitioner has come to know recently that the order instead of being based on the decision of the Minister of the Department as required in the case of Assistant Engineers, has been passed only at the stage of Chief Engineer and is, therefore, without authority. Secondly, it has been submitted that the Executive Engineer as well as the District Magistrate, Bhojpur, Ara have issued letters of request that in the interest of work transfer should not be effected till March 2009. The third submission that transfers are to be made only in the month of June and not in - 2 - the month of November, is found to be without any substance because the transfer order is passed in June itself and in the exigency of administration, all transfers are to be effected with effect from November. Such decision is within the competence of the executive. In respect of aforesaid two contentions, this Court would like the matter to be decided by the Secretary of the Water Resources Department, Government of Bihar. Petitioner is directed to file a representation before the Secretary within one week along with a copy of this order. The Secretary will take a decision in respect of petitioner’s grievances against the transfer/ relieving within one week thereafter. Until the decision by the Secretary, the petitioner shall not be relieved from his present post at Behia. The writ petition is disposed of. sk (Shiva Kirti Singh,J.)