IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1956 of 2009 KUMAR SUNIL Versus THE STATE OF BIHAR & ANR ----------- 2. 9.2.2009 Heard Mr. Rajendra Prasad Singh, learned Senior counsel for the petitioner and A.C. to A.A.G.II for the State. There would not be two views that once the order of transfer dated 30.6.2008 was acted upon by acceptance of joining of the petitioner on the new post as Assistant Engineer of Rural Works Department, in Ghoshi Sub-division of the district of Jehanabad, the impugned order dated 3.10.2008 seeking to stay that implemented transfer order dated 30.6.2008 was obviously an error which cannot be countenanced in law. Infact such same order of transfer with identical facts in the case of Satyendra Ray has already been quashed by this Court in C.W.J.C.No. 16382 of 2008 disposed of on 9.1.2009. This Court therefore following the ratio of the aforementioned judgment would quash the impugned order of transfer dated 3.10.2008 so far it relates to the 2 petitioner. There is, however, one aspect of the matter which would require reconsideration by the Government. The petitioner was working as an Assistant Engineer at Kishanganj only since 2007 and thus within a period of almost 1½ years or even less he without completing normal term of three years was sought to be transferred from Kishanganj to Ghoshi in Jehanabad district. If therefore the impugned order of transfer dated 3.10.2008 was passed by the Government on the ground of earlier order of transfer on 30.6.2008 being in conflict with the general guidelines issued by the Government with regard to general transfer and posting including the recommendation of the Establishment Committee, it will still be always open for the Government to reconsider the case of the transfer of the petitioner and in that event this order would not stand as a bar in taking fresh decision of transfer of the petitioner at an appropriate place keeping in view that even his earlier order of transfer from Kishanganj to Ghoshi was in teeth of the 3 Government policy. This decision, however, would be taken by the Government by not only passing the order but also giving reasons thereof. It must be made clear that this Court has not expressed any opinion as with regard to legality or otherwise on the earlier order of transfer of the petitioner from Kishanganj to Ghoshi. With the aforementioned observation and direction this application is allowed to the extent indicated above. (Mihir Kumar Jha,J.) Surendra/