IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14788 of 2009 1. SMT.RENU PANDEY D/O SRI NAWAL KISHORE PANDEY AND W/O SRI RAMESH KUMAR THAKUR R/O VILL.- BIRAULI, P.S.- PUSA, DISTT.- SAMASTIPUR PRESENTLY RESIDING AT MOHALLA MARIPUR, POWER HOUSE CHOWK, P.S.- KAZI MOHAMMADPUR, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPTT. GOVT OF BIHAR, NEW SECRETARIAT, PATNA 3. THE DIRECTOR, PRIMARY EDUCATION GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, TIRHUT DIVISION MUZAFFARPUR 5. THE DISTRICT EDUCATION OFFICER, MUZAFFARPUR 6. THE DISTRICT SUPERINTENDENT OF EDUCATION, MUZAFFARPUR 7. SRI MAHABIR RAM, PRAMUKH, MEENAPUR PRAKHAND DISTT.- MUZAFFARPUR, R/O VILL+P.O.- KODARIA, DISTT.- MUZAFFARPUR 8. SRI DINESH PRASAD, MINISTER, WATER RESOURCES DEPTT. GOVT. OF BIHAR, PATNA R/O - 51/52 PATEL PATH, PATNA-1 ----------- 3/ 18/12/2009 Heard learned counsel for the petitioner and learned counsel for the State. The present is a transfer matter. Despite an interim order in favour of the petitioner on 19.11.2009 and grant of time to file a counter affidavit the respondents seem in no urgency of the matter. The why and how of the lack of urgency on their part is a matter for them to examine on the administrative side. This Court is not persuaded to grant them any further indulgence. The petitioner was transferred 2 on 5.8.2009 from Surhatta, Vaishali as the Block Education Extension Officer, Meenapur in the district of Muzaffarpur and submitted her joining. Soon thereafter on 22.10.2009 she has been transferred from Meenapur to Chandwara. Learned counsel for the petitioner had urged that the order was mala fide in law and speculative based on Annexures-5 and 6 that it was apprehended that her posting at Chandwara would create problems in view of certain alleged conduct of petitioner at an earlier place of posting. Even while transfer and posting are the administrative prerogative of the administrator, there cannot be any transfer or posting on speculation. Administrative reasons based on actual facts can always be sufficient justification for a transfer. But, speculation for administrative reasons that may or may not surface cannot be a justification for a transfer. The impugned order dated 22.10.2009 is accordingly set aside. The writ application is allowed. KC/ ( Navin Sinha, J.)