IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1040 of 2009 RAM SAKAL PRASAD Versus THE STATE OF BIHAR & ORS For the Petitioner : M/S Rajendra Pd. Singh Rajeev Kumar Singh. For the State : Mr. Piyush Lal, AC to AAG 3. ----------- 3. 24.02.2009 Heard learned counsel for the petitioner and the State. No counter affidavit has been filed on behalf of the Respondents. In view of the limited question involved, this Court is not persuaded to grant any further adjournment to the State for filing of counter affidavit. By order dated 27.6.2008 the petitioner was transferred from Bhojpur to Gaya in the capacity of District Welfare Officer. This is specific assertion supported by documentary evidence that he joined the transferred post on 5.8.2008. Thereafter on 19.11.2008 his order of transfer dated 27.6.2008 has been cancelled. This Court in more than one order relying upon two Bench decisions of this Court reported in 2000(2) PLJR 332 (Smt. Jyotsna Kumari v. State of Bihar & ors.) and 2000(3) PLJR 139 (Mahmood Azm Siddique v. State of Bihar & ors.) held that an order of transfer once acted upon by joining becomes a spent force. The order is redundant. The issue of cancellation of an order which is no more in existence does not arise. 2 In that view of the matter, the impugned order dated 19.11.2008 is not sustainable and is, accordingly set aside. This shall be without prejudice to the rights of the Respondents as an employer to issue an order in the matter of transfer and posting in accordance with law. This writ application stands disposed. AKS/ (Navin Sinha, J.)