IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6093 of 2009 DR.ASHOK KUMAR SINHA Versus THE STATE OF BIHAR & ORS ----------- 2/ 14/05/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is aggrieved by the order dated 25.6.2008 transferring him from the post of In- charge Medical Officer, Primary Health Centre, Karpi in the district of Arwal to Primary Health Centre, Sonbhadra Banshi Yuryapur. The ground urged is that under the administrative circular issued by the State Government the Civil Surgeon was not competent to issue the order, but it is the District Health Committee which is empowered to do so. The law stands settled in the case reported in AIR 2004 S.C. 2165 (State of U.P. and others v. Gobardhan Lal) that such administrative circulars laying down guidelines and procedures for transfer and postings of Government officials do not create a legal right by themselves, but only create in the employee the right to file a representation before the employer that the circulars had not been followed. At paragraph-8 in the relevant extract it has 2 been held that:- “8. ….This Court has often reiterated that the order of transfer made even in transgression of administrative guidelines cannot also be interfered with, as they do not confer any legally enforceable rights, unless, as noticed supra, shown to be vitiated by mala fides or is made in violation of any statutory provision.” The only proper order to be passed at present is to grant opportunity to the petitioner to file representation before the authority concerned in light of Government circular sought to be relied on. This Court expects that if the respondents have framed a circular and their attention is drawn to the deviation therefrom, unless the respondents be satisfied for justifiable deviation from the same, the respondents are expected to act in accordance with their own circulars. Learned counsel for the State submits that no sooner the petitioner files his representation, it will be considered without unnecessary delay. The writ application is disposed. KC ( Navin Sinha, J.)