IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.855 of 2009 1. State of Bihar through the Principal Secretary, Rural Works Department, Bihar, Patna. 2. The Additional Secretary, Rural Works Department, Govt. of Bihar, Patna. -------------Respondent-Appellants Versus 1. Ahmad Hussain, S/o Md. Israil, Assistant Engineer, Rural Works Deptt., Maharajganj, Sub-Division, Distt. Siwan. 2. Keshaw Sahani, Estimating Officer, Rural Works Department, Distt. Araria, P.S. Araria, at present posted at Maharajganj, Sub Division District Siwan. ----------- Respondents 2nd Set-Respondents ------- For the appellants :- Mr. Rai Shivaji Nath, AAG-IV For the Respondents :- None ------- 4 25.01.2010 Ordinarily we would have issued notice before adverting to the lis in this appeal but the nature of the order we have passed in L.P.A. No. 828 of 2009, which we are going to pass here, we do not think it necessary to issue notice. In the said appeal this court has passed the following order today:- “7. In this intra court appeal, the assail is to the order dated 6.1.2009 passed by the learned single Judge in C.W.J.C. No. 16215 of 2008 whereby the learned single Judge has quashed the order of cancellation of transfer on the singular 2 ground that it has already been executed. 8. In course of hearing, Mr. Lalit Kishore, learned Additional Advocate General submitted that the issue that has been decided by the learned single Judge may not be dwelt upon in this intra court appeal but the fact remains the learned single Judge should have granted liberty to the State Government to pass a fresh order. 9. In course of hearing we have been apprised that during the pendency of the writ petition as stay of the order of transfer was continuing the incumbents are continuing in their respective posts. Be it noted, the order of cancellation of transfer had been quashed on the foundation that the State Government could not have cancelled the same as it had been executed. 10. In view of the aforesaid without interfering with the order and the submission being a limited one by the learned Additional Advocate General, we only observe that the State Government is at liberty to pass a fresh order of transfer if the necessity so warrants and the situation so demands. When we say so, it should not be construed that we have imposed any kind of fetters on the authority and the power of the State. We have only so stated so that the State Government should be guided by the doctrine of model employer. We have also clarified this position as Mr. Lalit Kishore, learned Additional 3 Advocate General has expressed an apprehension that in case a fresh order of transfer is passed regard being had to the administrative exigencies, the competent authority of the State may be hauled up for contempt or may be misunderstood. Hence, we have clarified the position. 11. With the aforementioned clarificatory note, the appeal stands disposed of. No order as to costs.” The present appeal stands disposed of in above terms. Rishi (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)