IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10439 of 2010 1. SMT. INDU SINGH, W/O HARENDRA PRASAD SINGH, R/O MOHALLA HOUSE NO. 20'A' , RAM KRISHNA PATH, NORTH SHRI KRISHNAPURI, DISTRICT- PATNA. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, OLD SECRETARIAT,PATNA,BIHAR. 3. THE ADDITIONAL SECRETARY, FOOD & CONSUMER PROTECTION DEPARTMENT ,OLD SECRETARIAT, BIHAR,PATNA. 4. THE DISTRICT MAGISTRATE,EAST CHAMPARAN ,MOTIHARI. ----------- 5. 15.07.2010. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by her transfer on the post of District Supply Officer, Darbhanga made under notification no. 3764 dated 30.6.2010, Annexure-1 on the ground that two months earlier under notification no. 2390 dated 20.4.2010, Annexure-2 she was posted as District Supply Officer, Motihari and having joined as such she should not have been shifted to Darbhanga within two months of the earlier posting order and the action of the respondents is highly discriminatory and violative of Articles 14 and 16 of the Constitution of India. Noticing the aforesaid submission this Court called upon the State counsel to file counter affidavit which has been filed by Senior Deputy Collector, East Champaran on behalf of District Magistrate, East Champaran, Motihari, Respondent No. 4, wherefrom it appears that petitioner has been shifted to Darbhanga on the report of the District Magistrate that she is a resident of East Champaran district. 3. Aforesaid report of the District Magistrate, Darbhanga is being refuted by the counsel for the petitioner on the ground that before being posted as District Supply Officer, East Champaran, Motihari, petitioner was posted as Deputy Collector Land Reforms at - 2 - Chakia and Circle Officer-cum-Executive Magistrate at Areraj, both in the district of East Champaran under the same District Magistrate who earlier never reported that petitioner is resident of East Champaran district. It is further submitted on behalf of the petitioner that the present report has been made by the District Magistrate as petitioner is not obeying the illegal instructions of the District Magistrate. 3. Without going into the allegation and counter allegation made between the petitioner and the District Magistrate, I dispose of this writ petition directing the petitioner to represent against the notification dated 30.6.2010, Annexure-1 before the State Government by annexing a copy of my order and the State Government shall be obliged to dispose of the representation of the petitioner by passing a reasoned order after seeking comment from the District Magistrate in accordance with law as early as possible, in any case within one month from the date of receipt of the representation. P.K.P. (V.N.Sinha,J.)