IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.1256 of 2009 ==================================================== ARVIND KUMAR SHARMA - Petitioner/s(s) Versus THE STATE OF BIHAR & ORS - Respondent/s(s) ==================================================== 2. 15.07.2011 Heard learned Counsel for the petitioner and the learned Counsel for the State. The petitioner as a Junior Engineer in the Minor Irrigation Department, has superannuated on 31.10.2008. In this writ application his grievance is that though he was willing to officially handover charge before his superannuation the respondents have been evading it on one pretext or other allegedly at the behest of a Contractor in a conspiracy. The respondents in their counter affidavit asserted that the petitioner himself was evading to handover the charge. Handing over of charge by an erstwhile employee is purely an administrative matter. The legal issues having consequence either ways can arise only after a finding of fact is arrived at as to who was on fault at facts. There is no occasion for the Court to assume the role of administrator at this stage. It is perhaps in the interest of the petitioner and the respondents both that the charge is handed over and taken over at the earliest. It is submitted that the petitioner is undergoing treatment for heart ailment at Bangalore and is expected to be back in the next three months. The Court has already held that the issue is purely administrative. It is for the petitioner to demonstrate his bona fide how soon he will be present before the Executive Engineer, Minor Irrigation Department at Sitamarhi for the purpose of handing over of charge. Being a purely administrative issue naturally the Executive Engineer is expected to act in accordance with the governmental rules and regulations with regard to handover and taking over of charge. The entire issue as to who was at fault on facts and the consequential action that may or may not follow is left open as occasion to adjudicate that has not arisen as yet. The writ application stands disposed. Snkumar/- (Navin Sinha,J.) )