IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2030 of 2009 RATNESH SINGH Versus THE STATE OF BIHAR & ORS ----------- 3. 19.03.2009 Heard learned counsel for the petitioner and the State. No counter affidavit has been filed, despite time granted for the purpose. Prayer is made for further adjournment, which is declined for the reason noticed hereinafter. The petitioner was transferred by order dated 30.6.2008 from the office of the Chief Engineer (4), Rural Works Department, Vishawasaraiya Bhawan, Patna to the office of Rural Works Department, Advance Planning Division, Patna. It is his specific case that he joined the latter post on 1.7.2008 and took charge thereafter also. In pursuance of certain general Government orders dated 1.10.2008, fresh orders were passed on 3.10.2008 modifying his earlier order of transfer dated 30.6.2008 sending him back to his erstwhile place of posting. Learned counsel for the petitioner relies upon a decision of this Court dated 9.1.2009 in CWJC No. 16382 of 2008. Relying on two earlier Bench decisions of this Court noticed therein, this Court held that an order of 2 transfer once issued and acted upon by joining becomes nonest thereafter as the transaction is complete. The order became a spent force and redundant thereafter. There was no occasion to either cancel or modify the order no more in existence. The defence of the State that the original transfer order suffered from errors was adequately noticed in light of the discussion with regard to the same in the earlier two Bench decisions and rejected. In the result, the order dated 3.10.2008 in so far as it purports to modify the order of transfer of the petitioner dated 30.6.2008 is held to be bad in law. It is set aside in so far as the petitioner is concerned. The writ application stands allowed. AKS/ (Navin Sinha, J.)