IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.249 of 2008 TARUN NISHCHAL Versus THE STATE OF BIHAR & ORS ----------- For the Appellant : Mr. Awadhesh Kr. Singh, Adv. For the Respondents : A.A.G.-3 ---------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 2nd July, 2008. After having heard the counsel for the appellant, we are satisfied that the impugned order does not call for any interference. 2. The counsel does not dispute that the appellant has been transferred in the same district. 3. It is well settled that transfer is not a condition of service but its incident. An order of transfer is not amenable to judicial review, except where such order has been passed in violation of statutory provisions or is actuated with ulterior motive. None of the grounds has been made out in the present case. 4. In the circumstances, dismissal of writ petition by the Single Judge cannot be faulted. 5. L.P.A. is dismissed in limine. 6. Since the appeal has been dismissed in limine, stay - 2 - petition does not survive and stands dismissed accordingly. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-