IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11454 of 2008 RAJA RAM PAL Versus THE STATE OF BIHAR & ORS ----------- 2. 16.09.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the State. On 5.5.2008 the Regional Deputy Director of Education, Bhagalpur Division, Bhagalpur as Appellate Authority by a reasoned order upheld the challenge of the petitioner to his transfer, inter alia considering his handicapped status. The grievance is that the same very authority three months latter on 8.7.2008 has annulled his own order on an application received from the Mukhiya. Counsel for the State prays for time to file counter affidavit. This Court is not inclined to adjourn the matter for the purpose. No counter affidavit can improve upon the recitals contained in the impugned order itself. The powers for transfer and posting are to be exercised by the statutory authority on its own satisfaction and not on the satisfaction or direction of Mukhiya. An order passed by the statutory authority at the behest of another is per se illegal. This Court is satisfied that the writ application has to be allowed. The order dated 8.7.2008 is quashed. The Court directs the Principal Secretary, Human Resources Development Department, Government of Bihar to examine the issue and if there be not sufficient justification in law, appropriate action departmentally be taken against the author of the order dated 8.7.2008. This is considered necessary both to prevent unwanted litigation coming to the Courts ands to remedy the situation of what may be perceived otherwise as administrative chaos. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)