IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7783 of 2009 YOGENDRA PRASAD, SON OF LATE SHYAM NANDAN SHARMA, R/V JAIPUR, P.S. MEHANDIA, DISTRICT ARWAL-------PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER-CUM-SECRETARY, DEPTT. OF WATER RESOURCES, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 2. THE UNDER SECRETARY, DEPTT. OF WATER RESOURCES, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE ENGINEER-IN-CHIEF, WATER RESOURCES, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 4. THE CHIEF ENGINEER, WATER RESOURCES DEPTT. AURANGABAD, DISTRICT AURANGABAD. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPTT. IRRIGATION DIVISION, DAUDNAGAR, DISTRICT AURANGABAD-----RESPONDENTS. ----------- 02. 10.07.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner is presently serving as Store Keeper in the Irrigation Division, Daudnagar, Aurangabad. He is aggrieved by the transfer order bearing letter No. 1328 dated 22.6.2009, Annexure-1 whereunder he has been transferred in the same capacity to another division. 3. It is submitted on behalf of the petitioner that perusal of the said order dated 22.6.2009, Annexure-1 would indicate that the transfer has been effected on administrative ground but no facts making out the administrative ground has been stated in the order and in view of such omission in the order, the order should be quashed. It is further submitted that petitioner being in charge of the store has been transferred without indicating the person to whom he has to hand over the charge. 4. Having heard counsel for the petitioner, I am not satisfied with the first submission made by the counsel for the petitioner that the facts disclosing the administrative ground must be indicated in the order. Accordingly, such submission is rejected, however, petitioner is - 2 - at liberty to represent against the impugned transfer order before the Principal Secretary of the Department, who should consider the same in accordance with law and verify the submission that without there being any facts constituting the administrative ground, petitioner has been transferred on administrative ground. In the event, the submission raised by the petitioner finds favour with the Principal Secretary of the Department, it goes without saying that appropriate orders annulling the transfer order be passed by him. The representation should be disposed of as early as possible, in any case within one month from the date of its receipt. 5. So far the other submission that petitioner has been transferred without indicating the person to whom he should hand over charge of the store is concerned, I see substance in such submission and direct the Chief Engineer, Water Resources Department, Aurangabad, who has passed the impugned order to assign the person to whom the petitioner should hand over charge of the store. It is made clear that no sooner the person is made available to receive the charge of the store from the petitioner; petitioner should hand over charge to him and proceed to join the transferred post. He should not wait for disposal of the representation by the Principal Secretary. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)