IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7549 of 2009 DIWAKAR JHA, S/o- Late Moda Nand Jha, resident of Village- Hulas, P.O.- Raghopur, P.S.- Raghopur, District- Supaul, At present working as District Transport Officer, Samastipur :-- Petitioner. Versus 1. THE STATE OF BIHAR 2. The Principal Secretary, Transport Department, Old Secretariat, Government of Bihar, Patna. 3. The Joint Secretary, Transport Department, Old Secretariat, Government of Bihar, Patna. 4. The District Magistrate, Samastipur :--- Respondents. 02. 07.07.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner, a Deputy Collector, is aggrieved by the notification of the State Government bearing Memo No. 2674 dated 17.06.2009, Annexure-4 whereunder he has been transferred from the post of District Transport Officer, Samastipur to the post of District Transport Officer, Jamui where his services are required to enhance the revenue collection. Counsel for the petitioner submits that he has been transferred from Samastipur within four months of his joining and such frequent transfer should be deprecated in the light of the circular of the State Government bearing No. 6434 dated 1.3.2007, Annexure-3 and 881 dated 3rd June, 2009, whereunder the State Government has observed that the authorities should not normally transfer the Government servant(s) unless they complete three years at a particular post. Perusal of the aforesaid two circulars dated 01.03.2007 and 03.06.2009, however, does not indicate that the Government servants in any circumstances cannot be transferred without completing three - 2 - year’s term. In public interest the Government servant can always be transferred and as petitioner has been transferred to enhance the revenue, I do not think that his transfer from Samastipur to Jamui does not subserve public interest. Petitioner nonetheless has been transferred without completing three year’s tenure at Samastipur, accordingly, I direct that he should first join the transferred post at the earliest and thereafter file representation before the authorities which should be considered and disposed of in the light of the instructions of the State Government contained in Letter No. 6434 dated 01.03.2007, Annexure-3 and 881 dated 3rd June, 2009 as early as possible, in any case within a period of one month from the date of its receipt along with a certified copy of this order. 3.This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha, J.)