IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9632 of 2010 1. RAMNANDAN PRASAD S/O LATE KAILASH PRASAD R/O VILL.- GULNI, P.S.- DHAMAUL, P.O.- DOSUT, DISTT.- NAWADAH, AT PRESENT POSTED AS DISTRICT MASS EDUCATION OFFICER, SARAN AT CHAPRA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR (ADMINISTRATOR) CUM-JOINT- SECRETARY HUMAN RESOURCES DEPARTMENT, GOVT. OF BIHAR 4. THE DISTRICT MAGISTRATE, DARBHANGA 5. SHRI RAMCHANDRA MANDAL, DISTRICT SUPERINTENDENT DARBHANGA, BIHAR ----------- For the petitioner :- Mr. Sudarshan Sharma,Advocate For the State:- Mr. Subhash Pd. Singh, Govt. Advocate VIII 2 19.7.2010 Heard counsel for the petitioner and the counsel appearing for the State. Earlier by way of punishment the petitioner was transferred from Darbhanga to Saran as District Superintendent of Education. The earlier transfer order dated 11.2.2010 was challenged by the petitioner in CWJC No. 4401 of 2010, which was disposed off with a direction to the Principal Secretary to pass fresh appropriate orders with regard to transfer of the petitioner. In the writ application a direction was issued to the respondents 2 for passing appropriate orders in favour of the petitioner within the specified time. Annexure 1 dated 5.5.2010 has been issued by the Principal Secretary, Human Resources Development Department, Govt. of Bihar, from which it transpires that the post of District Superintendent of Education, Darbhanga is not vacant. Some other persons have joined at that place. So far petitioner is concerned; an appropriate order of transfer will be passed. I do not find any illegality committed by the respondent authority by issuing the impugned order dated 5.5.2010 vide memo no. 818. However, the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna is directed to pass an order of transfer and posting of the petitioner, giving reference of his choice, within two weeks from the date of production/ communication of this order. The writ application stands disposed off. (Mridula Mishra,J.) A.Kumar