IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.409 of 2011 4 12.7.2011 1. The State of Bihar through the Secretary, Department of Health, Government of Bihar 2. The Deputy Secretary, Department of Health, Government of Bihar, Patna 3. The Director in Chief, Health and Family Welfare Department, Government of Bihar, Patna 4. The Civil Surgeon Cum Chief Medical Officer, Samastipur 5. The Civil Surgeon Cum Chief Medial Officer, Saharsa …… Respondents- Appellants VERSUS Dr Subhash Tiwari, Son of Late Bachan Tiwari, Resident of Village Dattapatti, P.O. Mahuswan, Police Station Kateya, District Gopalganj, Bihar, Presently working as Medical Officer, Addl. P.H.C. Sadipur, Pusa, District Samastipur ….. Petitioner- Respondent ------- Heard learned counsel for the appellants State and learned counsel for the respondent. The learned Writ Court has considered all the facts in proper perspective and has apparently found the action of the appellants, who are authorities of the Health Department, Government of Bihar, irrational and arbitrary in cancelling a transfer order which was issued at the request of the writ petitioner/ respondent for being posted at Chapra where his wife is working on a non- transferable University post. The Writ Court has noticed that there was no - 2 - change in circumstances and no reason or circumstances could be put forth by the authorities for cancelling the transfer made in favour of the petitioner on his request. In these circumstances, the order of authorities transferring the petitioner to Bhojpur instead of Chapra has rightly been set aside because such an order devoid of any reason or justification can easily be described as an order suffering from malafide in law. We are not persuaded to interfere with the order of the Writ Court. The appeal is dismissed. sk (Shiva Kirti Singh, J.) (Shivaji Pandey, J.)