IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1665 of 2009 BIHARI JEE SINGH, SON OF LATE RAMANDAND SINGH, RESIDENT OF VILLAGE NAUGARH, POLICE STATION BHAGWANPUR, DISTRICT – KAIMUR AT BHABUA. ………….. PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE PRINCIPAL SECRETARY, CABINET SECRETARIAT, GOVT. OF BIHAR, PATNA. 3. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 4. THE DIRECTOR, SCHEDULE CAST AND SCHEDULE TRIBE WELFARE DEPARTMENT, GOVT. OF BIHAR, PATNA. ……………….. RESPONDENTS. ----------- 04/ 28.06.2011 Heard counsel for the petitioner and counsel appearing for the State. Petitioner was posted as an Assistant teacher in Govt. Ambedkar Residential High School, Sasaram. He represented before the authorities for his transfer from Sasaram to Bhabhua on health grounds. Considering his representation petitioner was transferred from Sasaram to Govt. Ambedkar Residential School, Kaimur, Bhabhua, where he joined on 8.8.2008. Subsequently, the transfer order dated 30.6.2008 was cancelled by the order contained in Memo No. 3620 dated 15.10.2008 and the petitioner was reverted back to his earlier place of posting. The letter containing the cancellation of transfer order indicated that the Assistant teacher, 2 who was earlier transferred, now as per the direction of the Cabinet Secretariat dated 1.10.2008, is directed to join at his previous place of posting. This application has been filed by the petitioner for quashing of the order dated 15.10.2008, whereby his earlier transfer order was cancelled. Petitioner has taken this plea that once the transfer order has been implemented, there nothing remains to be further implemented and any order cancelling that transfer order is completely illegal and without jurisdiction. In support of his contention petitioner has placed reliance on a decision reported in 2000(3) PLJR 139. It has been submitted by the petitioner’s counsel that since petitioner in compliance of the transfer order had already joined; the transfer order became redundant and could not have been cancelled. Counter affidavit filed on behalf of the State indicates that transfer order of this petitioner as well as several other similarly situated persons were cancelled in compliance of the direction of the Cabinet Secretariat, all these transfer orders had been issued in violation of different transfer rules. So far 3 petitioner is concerned, though he represented for his transfer on the health ground, but subsequently it was noticed that on account of such transfer order he has been posted in his home district, which is in violation of the Rule. Petitioner on account of ad interim stay granted by this Court on 3.2.2009 has remained posted at Bhabhua almost for more than two years. Otherwise also now petitioner’s case is due for transfer. I do not find that there is any need of quashing of the earlier order of cancellation dated 15.10.2008. Now the respondents, if so desire, may pass a fresh transfer order in favour of the petitioner so that he can be shifted to any other place than at his home district. This application is disposed of. DKS/ (Mridula Mishra, J.)