IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5018 of 2011 VIDHU BHUSHAN MISHRA @ VIDHU B.MISHRA, S/O LATE BACHAAS PATI MISHRA, R/O FLAT NO.403, MIRAMBIKA APARTMENT, BORING ROAD, P.S.-BUDHA COLONY, DISTRICT-PATNA. …………………PETITIONER. Versus 1. THE UNION OF INDIA THROUGH THE SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF INDIA, NEW DELHI. 2. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, OLD SECRETARIAT, PATNA. 3. THE PRINCIPAL SECRETRY, ENVIRONMENT AND FOREST DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE CHIEF SECRETARY, STATE OF JHARKHAND, RANCHI. 5. THE SECRETARY, DEPARTMENT OF FOREST AND ENVIRONMENT, JHARKHAND, RANCHI. 6. THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME (SPECIAL), GOVERNMENT OF BIHAR, PATNA. 7. THE PRINCIPAL SECRETARY, DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, GOVT. OF BIHAR, PATNA. 8. THE DEPUTY SECRETARY, DEPARTMENT OF HOME (SPECIAL), GOVT. OF BIHAR, PATNA. 9. THE CHAIRMAN, STATE ADVISORY COMMITTEE, CADRE ALLOCATION, STATE OF BIHAR, PATNA. ………………RESPONDENTS. ----------- For the Petitioner : Mrs.Anjana Mishra, Adv. For the Union of India : Mr.A.K.Shukla, Adv. and Mr.Manish, Adv. For the Bihar State : Mr.S.P.Parasar, AC to GP-21. For the Jharkhand State: Mr.Satyavrat Verma, Adv. ----------- 2 02.05.2011 Learned counsel for the petitioner submits that while replying to the letter of the Principal Secretary of the Department of Forest and Environment, as contained in Annexure-6, the Department of Home (Special), Government of Bihar, vide Annexure-5, does 2 not deal with the situation pointed out in Annexure-6 that on account of transfer of petitioner from Bihar to Jharkhand there will be no one working in the Department on the post of Routine Clerk as, out of the holders of the two posts allocated to the Bihar State, one has been promoted and the other has superannuated. Hence, if the petitioner is relieved for joining in Jharkhand State there will be no one in the Department working against the post of Routine Clerk. She submits that this was specifically mentioned by the Principal Secretary of the Forest and Environment Department in his letter, as contained in Annexure-6, but remained overlooked by the Home (Special) Department, as is apparent from Annexure-5. She submits that considering the ground mentioned by the Principal Secretary of the Forest and Environment Department, the Home (Special) Department ought to have referred the matter to the Central Government for reconsideration. From Annexure-5, it does not appear that this aspect pointed out by the Special Secretary of the Forest and Environment 3 Department has been considered by the Home (Special) Department. In the circumstances, the writ application is disposed of with a direction to the Home (Special) Department to consider the letter of the Principal Secretary of the Forest and Environment Department afresh and particularly, the said statement made therein and take appropriate steps in accordance with law preferably within a period of one month from the date of receipt/production of a copy of this order. If the Home (Special) Department considers it appropriate to refer the matter to the Government of India for re- consideration, it may stay the relieving of the petitioner. Arvind/ ( J. N. Singh,J.)