IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.19336 of 2010 ==================================================== Rahul Kumar, Son of Sri Bishwajit Singh, Resident of Jakkanpur, P.S.- Jakkanpur, Distt.- Patna. …. …. Petitioner Versus 1. The State of Bihar. 2. The Secretary, Building Construction Department, Bihar, Patna. 3. The Principal Secretary, Nigrani Vibhag Suchana Bhawan, Patna. 4. The Special Secretary, Building Construction Department, Bihar, Patna. …. …. Respondents ==================================================== Appearance : For the Petitioner: Mr. Ugrasen Singh, Advocate with Mr. Akhilesh Kumar Sinha, Advocate For the Respondent: Mrs. Nividita Nirvikar, G.P.-16 with Mr. Manish Kumar, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2. 25.11.2010. One Rahul Kumar, who claims to be a social worker, has filed this petition under Article 226 of the Constitution in public interest for a direction to the respondent authorities to suspend one Vikas Kumar, Executive Officer, Garden Division, Building Construction Department. It is the claim of the petitioner that the said Vikas Kumar is involved in grave financial irregularities. A vigilance enquiry is pending against him. Nevertheless, he is continuing on the same post, which may hamper the enquiry and the said Vikas Kumar may tamper with the evidence. In our opinion posting, suspension or promotion etc. of a Government servant cannot be - 2 - subject matter of public interest litigation. It is for the State Government to administer its department and make the orders of posting, suspension etc. in the interest of public or administration. Besides, it appears that the concerned Superintending Engineer has taken necessary steps against the said Vikas Kumar. The present petition in public interest is misconceived. Hence dismissed. Pawan/- (R.M. Doshit, CJ) (Jyoti Saran, J)