IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1536 of 2009 ANIL KUMAR PODDAR Versus THE STATE OF BIHAR & ORS ----------- 4. 25.03.2009 Heard learned counsel for the petitioner and the State. The question of law involved in this writ application is annulment/cancellation of an order of transfer no more in existence. The petitioner was transferred by an order dated 30.6.2008 from Sadar Hospital, Madbubani to D.M.C.H., Laheriasarai, Darbhanga. It is his specific case in paragraph 8 of the writ application that in pursuance of the order of transfer he joined the new place of posting on 19.7.2008 and started to discharge his duties. Counter affidavit has been filed on behalf of the Respondents. It does not dispute the assertion of facts on behalf of the petitioner. This Court in CWJC No. 16382 of 2008 disposed off on 9.1.2009 placing reliance on 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 reported in Mahmood Azam Siddique v. State of Bihar & ors.) has already held that an order of transfer once issued and acted upon becomes spent force and redundant. Once the transaction is complete and the incumbent has joined the new place of posting, there remains no order of transfer 2 in existence for its modification/cancellation or annulment. The two Bench decisions referred to in turn have also noticed and rejected the prayer of the State that since the transfer orders suffered from error, they required cancellation. The order dated 2.1.2009 seeking to cancel the order of transfer dated 30.6.2008, which is no more in existence after it was complied with and the petitioner joined the transferred place on 19.7.2008 is not sustainable in law. It is, accordingly, set aside. The writ application stands allowed. This shall, however, not inhibit the Respondents in any manner in exercise of their powers over the petitioner with regard to transfer and posting afresh in accordance with law. AKS/ (Navin Sinha, J.)