IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16584 of 2008 VARUN KUMAR TARA Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner :- Mr. Sanjeet Kumar, Advocate For the State :- Mr. Piyush Lall, J.C. to A.A.G.III 3 8-12-2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is aggrieved by impugned order dated 6-10-2008 contained in annexure-1 whereby the department of Food and Consumer Protection, Government of Bihar has cancelled the earlier transfer order dated 30-6-2008 in view of a letter of Cabinet Secretariat, Department bearing no. 3268 dated 1-10-2008. On behalf of petitioner it has been submitted that annexure- 2 would show that the department transferred altogether 62 Block Supply Officers in the month of June, 2008 including the petitioner whose name appears to be at serial no. 40. Petitioner was earlier posted at Banke Bazar and according to undisputed facts he was transferred to Jamalpur, Munger on his representation that in about 14 months he is to superannuate and therefore he may be posted near his home district, Godda. The counter affidavit filed on behalf of respondents mentioned in paragraph-5 that the transfer made on 30-6-2008 was a routine matter and petitioner was transferred on the basis of his representation but the transfers were cancelled on account of review - 2 - Naresh done by the State Government for which clarification had been sought from the department by the Chief Secretary, Bihar. Although the decision of the State Government communicated by the Cabinet Secretariat Department through letter no. 3268 dated 1-10-2008 is not on record of this case but that order has been perused by this court as it is available in the record of some other writ applications. That decision only shows that transfers made by the department which have been found contrary to Government resolution dated 1-2-2007 have been cancelled. In the present case the counter affidavit does not show that the transfer of the petitioner contravened any of the norms of transfer in resolution no. 434 dated 1-3-2007. The reasons of cancellation are not disclosed in any of the orders or in the counter- affidavit. In the facts of the case, this court finds that petitioner’s transfer to Jamalpur, Munger on his request and representation has been wrongly cancelled by the concerned department as well as by the Cabinet Secretariat Department. Hence, the impugned order is quashed in so far as it relates to the petitioner. The writ petition is allowed. (Shiva Kirti Singh,J)