IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11958 of 2010 1. ANIL KUMAR SINGH S/O LATE DHANESHWAR PRASAD SINGH R/O VILL BIJULIA, P.S.SAMBHO, DISTT-BEGUSARAI Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, SCHEDULE CASTES & SCHEDULE TRIBE WELFARE DEPARTMENT GOVT. OF BIHAR, PATNA 3. THE DIRECTOR, SCHEDULE CASTE & SCHEDULE TRIBE DEPARTMENT BEGUSARAI 4. THE DEPUTY DIRECTOR, WELFARE MUNGER DIVISION, MUNGER 5. THE DEPUTY DIRECTOR HEADQUARTERS, PATNA 6. THE DISTRICT WELFARE OFFICER LAKHISARAI ----------- 2. 19.8.2010 Heard learned counsel for the petitioner and the State. Counsel for the State prays for time to file counter affidavit. This Court does not consider the same necessary at this stage. The petitioner was transferred on 31.12.2009 from Munger to Khagaria. He represented when by an order dated 22.2.2010 he has been transferred from Munger to Lakhisarai and is stated to have joined on 2.3.2010. Barely three months later on 17.6.2010, he has been transferred from Lakhisarai to Saharsa. Counsel for the petitioner assails the frequent transfer. Counsel for the State points out that the transfer was on administrative ground. An order of transfer is normally made on administrative grounds. The mere recital of the same in 2 specified circumstances may not be sufficient. If an order of transfer is passed barely three months after the previous transfer, there have to be compelling administrative grounds spelt out in the order itself. At this stage, counsel for the State points out that transfer may be necessitated for enforcement of administrative discipline also. There can be no quarrel with that proposition but it has to be spelt out in the order. That is a necessary concommitant of good administration. If the Government has framed any administrative circulars to regulate transfer and posting, they are meant to be followed and not at the whims and fancies of the authorities. Normally, transfer is after a period of three years and under compelling circumstances the circular provides for transfer on completion of two years also. If the State wants to reduce that period further compelling grounds shall have to be made out in the order. Once it is made out, the Court may not interfere. The order dated 17.6.2010 is therefore set aside but without prejudice to the administrative rights of the respondents in accordance with law. The writ application is allowed. P. Kumar ( Navin Sinha, J.)