IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1314 of 2009 Sharat Chandra Sharma alias Sharad Chandra Sharma son of Late Shyamdeo Sharma, resident of village Raghunathpur, P.S. Paliganj, District Patna. Versus 1. THE STATE OF BIHAR 2. The Director General and Inspector General of Police, Main Secretariat, Patna. 3. The Addl. Director General of Police (Head Quarter), Main Secretariat, Patna. 4. The Deputy Inspector General of Police (Personnel), Bihar, Main Secretariat, Patna. 5. The Superintendent of Police, Railway, Muzaffarpur 6. The Superintendent of Police, Araria, District Araria. --------- 2 10/11/2009 Heard learned counsel for the appellant and learned counsel for the State. The writ Court found no merit in the writ petition preferred by the appellant against his transfer. In the earlier round of litigation, this Court had given an observation and opportunity that the petitioner’s representation against transfer be considered by the Director General of Police. After considering the said representation, the authorities found no merit in it and the relevant statutory provision has also been quoted by the authorities under which transfer from one zone to another, even within ten years, can be made. It is well established in law that transfer is an incident of service and is not a punishment. We find no good reason to interfere with the order of the writ Court and the appeal is dismissed. On behalf of the appellant an apprehension was expressed that his application in response to a policy decision as apparent from a signal/fax dated 25.08.2009 may not be considered although the appellant has filed an application pursuant to that policy decision also. The matter governed by policy decision apparent from signal/fax - 2 - dated 25.08.2009 is a separate matter not connected with the earlier order of transfer and if the petitioner is aggrieved by non consideration of his application under the aforesaid policy decision, then he will be at liberty to seek redressal of his grievance in that regard either through representation or through any other appropriate proceeding. (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.) AMIN