IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.764 of 2009 1. Shyam Kishore Singh s/o late Azab Narayan Singh, r/o village –GoarDharampur, P.S. Barh, District – Patna 2. Mithilesh Kumar Singh, s/o late Rudradeo Singh, r/o village – Naya panapur, P.S. Digha, District – Patna … Appellants Versus 1. The State Of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2. The Home Commissioner, Bihar, Patna 3. The D.G.-cum-I.G. of Police, Bihar, Patna 4. The A.D.G., B.M.P. Bihar, Patna 5. The I.G., B.M.P. Bihar, Patna 6. The D.I.G., B.M.P., Kendriya Mandal, Patna 7. The D.I.G., B.M.P.Uttari Mandal, Muzaffarpur 8. The Commandant, B.M.P.-8, Begusarai 9. The Commandant, B.M.P.-14, Patna 10. The Commandant, B.M.P.-6, Muzaffarpur … Respondents ----------- For the appellants : Mr. Abhay Kumar Singh No.1 For the respondents: Mr.Nirmal Kumar, G.P.IV --- 2 31/8/2009 Heard Mr. Abhay Kumar No.1, counsel for the appellant and Mr. Nirmal Kumar, counsel for the respondents. The two appellants had filed CWJC. No.5275 of 2009 challenging their transfer from one battalion to another. The main contention of the appellants before the single judge was to the effect that there was a policy decision that in normal circumstances 2 Constables of Bihar Military Police should not be transferred except on administrative grounds. The learned single judge has observed that such policy decision was directory in nature and the Government has some discretion in the matter of transfer and, accordingly, the writ petition was dismissed. In the present appeal similar contention has been raised. Moreover, it is further stated that the two appellants were due to be promoted and, therefore, they should not have been transferred. It is not the case of the appellants that because of transfer their promotion will be adversely effected. Since promotion is made on the basis of seniority in the entire State, this contention is not accepted. The other contention that the policy decision prohibits their transfer cannot be accepted because on administrative reason transfer of a Constable from one battalion to another can be effected. However, we record the submission of learned counsel for the State that so far appellant no.1, namely, Shyam Kishore Singh is concerned, his transfer 3 has been kept in abeyance as he is due to retire on 31.7.2010. In view of the said fact, we make it clear that so far appellant no.1 is concerned, his transfer order shall not been given effect to. With the above observation the appeal is dismissed. Neyaz/ (P.K. Misra, CJ.) (Anjana Prakash, J.)