IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15539 of 2009 SHAMBHU KUMAR Versus THE STATE OF BIHAR & ORS For the Petitioner : M/S Yogesh Chandra Verma Sharda Nand Mishra For the State : Mr. Ansuman, A.C. to AAG III. ----------- 2/ 18/11/2009 Heard learned counsel for the petitioner and learned counsel for the State. On 20.2.2009 the petitioner was transferred from Nadiganj, Nawada to Chakia at East Champaran and he joined on 27.2.2009. His order of transfer shows that he was one of the 105 persons transferred when his name figured at serial 55 of the list. He is now aggrieved by a fresh order of transfer dated 15.10.2009 shifting him to Gaya within a short span of eight months when again his name figured at serial 31 of the transfer of 61 persons. Learned counsel for the petitioner submits that there is no justification for a repeat transfer at such a short duration. Learned counsel for the State seeks time to file counter affidavit. When the orders of the State authorities are before this court and the orders show no administrative compulsion of transfer at such a short duration and on the contrary what is reflected apparently is that the petitioner is one of the several persons being considered in a large batch for transfer when his recent transfer approximately 2 eight months ago may have escaped attention, this Court does not consider it necessary to adjourn the matter for counter affidavit. Though a challenge to transfer may not be easily amenable in Court, nonetheless the transfer had to be done in accordance with the Government circulars which stipulates a minimum of two years of posting at a place otherwise scheduled as three years normally. Exceptional circumstances for specified administrative reasons may justify a transfer at a shorter duration. Such is not the case presently as apparent from the order dated 15.10.2009. The writ application is disposed with direction that the order of transfer dated 15.10.2009 shall remain in abeyance in so far as the petitioner is concerned till such time that the Secretary, Personnel and Administrative Reforms Department, Government of Bihar does not pass appropriate reasoned and speaking order in light of the Government circulars on basis of reasons specified in the order dated 15.10.2009 alone with regard to the transfer of the petitioner so that judicial review of his order may be facilitated, if need arises. AKS/ ( Navin Sinha, J.)