IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2919 of 2009 SHARAT CHANDRA SHARMA @ SHARAD,S/O LATE SHYAM DEO SHARMA @ SHARAD CHANDRA SHARMA, RESIDENT OF VILLAGE RAGHUNATHPUR, P.S. PALIGANJ, DISTRICT PATNA. Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE, BIHAR MAIN SECRETARIAT, PATNA. 3. THE INSPECTOR GENERAL OF POLICE(HEAD QUARTER AND ADMINISTRATION, BIHAR, PATNA MAIN SECRETARIAT, PATNA. 4. THE SUPERINTENDENT OF RAILWAY POLICE, MUZAFFARPUR, DISTRICT MUZAFFARPUR. ----------- 5. 24.6.2009. Petitioner at the relevant time was posted as Sergeant with the Railway Police, Muzaffarpur. He is aggrieved by the transfer order dated 20th February,2009 whereunder he has been transferred from Railway Police, Muzaffarpur to Araria District Police. It is submitted on his behalf that the aforesaid transfer order is in teeth of the provisions contained in Sub Section (1) of Section 10 of the Bihar Police Act,2007 in terms whereof officer up to the rank of Inspector should be allowed to serve within a police zone for a period of ten years. From the averments made in paragraphs-4 and 7 of this petition, it appears that petitioner was repatriated to the Bihar Police from Jharkhand State in the year 2006 and thereafter, he joined the - 2 - Railway Zone at Muzaffarpur on 8.6.2007 wherefrom he has been shifted out to Araria District Police only after completion of one year and eight months. It is further submitted on his behalf that appreciating his health condition, the Superintendent of Police, Muzaffarpur has informed the police headquarter under letters dated 7.2.2009 and 21.2.2009 that the petitioner should be allowed to continue in the railway zone at Muzaffarpur and should not be shifted to Araria District Police. Along with letter dated 21.2.2009, Annexure-3, medical prescriptions have also been annexed, wherefrom, it appears that the petitioner is suffering from various ailments. It is also submitted on behalf of the petitioner that as an obedient and dutiful Police Officer, he has already joined the transferred post in the Araria District Police in compliance of the transfer order. In appreciation of the fact that the petitioner has joined the transferred post in the Araria District Police,I direct the Director General of Police, Bihar to - 3 - N.H./ reconsider the matter in accordance with law specially in the light of the provisions contained in Sub Section (1) of Section 10 of the Bihar Police Act, as also the instruction of the police headquarter contained in letter no.100 dated 20.3.2004. While considering the transfer matter, the Director General shall also be obliged to recall the suspension order as the petitioner has already joined the transferred post. Necessary steps in compliance of this order be taken as early as possible in any case within one month from the date of receipt of this order. With observations aforesaid, this application is accordingly disposed of. ( V.N. Sinha,J.)