IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5642 of 2011 DR.MAMTA SINHA D/o Sri Shambhu Sharan Sinha, Advocate, Mohalla Naya Tola, P.S.-Kazi Mohhamadpur, Town & District- Muzaffarpur--------------------------------------------------Petitioner. Versus 1. THE HONBLE CHANCELLOR OF UNIVERSITIES OF BIHAR, Raj Bhawan, Patna. 2. B.R. Ambedkar Bihar University, Muzaffarpur, through its Registrar 3. The Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur. 4. The Pro-Vice Chancellor-cum-Member Transfer Committee, B.R. Ambedkar Bihar University, Muzaffarpur. 5. The Registrar, B.R. Ambedkar Bihar University, Muzaffarpur----Respondents. ----------- 3. 31.3.2011 This writ petition has been filed to quash the part of the office order dated 1.3.2011 (Annexure-8 ) issued by the respondent no.5 whereby petitioner has been transferred from the post of Principal S.R.A.P. College, Bara Chakia, Distt.-East Champaran to R.S.S. Mahila College, Sitamarhi, and also to quash the consequential letter vide Memo no.55/R dated 15.3.2011 by which petitioner has been suspended for non- compliance of the transfer order. The main contention on behalf of the petitioner is that the respondent-university even though served the transfer order upon the petitioner on 10.3.2011 but disciplinary proceeding has been initiated on 17.3.2011. However, in view of the fact that it is a transfer order and as the petitioner failed to join the transferred post, the order of suspension has been issued by order dated 15.3.2011. It is the contention of the learned counsel for the petitioner that she has been suspended vide Memo no.55/R dated 15.3.2011 for violating the order of transfer. The matter has been listed today at 2 p.m. and when it 2 was called out learned senior counsel for the B.R. Ambedkar Bihar University, Muzaffarpur, has produced an office order vide Memo no.70/R dated 30.3.2011, which is directed to be taken on record by the office, issued by B.R. Ambedkar Bihar University, Muzaffarpur, Respondent no.5, withdrawing the order of suspension passed vide Memo no.55/R dated 15.3.2011 and petitioner was directed to join the R.S.S. Mahila College, Sitamarhi, and comply the order of transfer vide Memo no.B/933 dated 1.3.2011. Since the order of suspension has been withdrawn, I do not find any reason to interfere with the order of transfer passed by the University. However, petitioner is assailing the order of transfer and in support of it he has referred to the stay order passed by a single Judge of this Court on 16.3.2011( Annexure-11). Learned counsel for the petitioner has contended that in similar matter petitioner in C.W.J.C. no.4626 of 2011 has been suspended and suspension is still in continuation. In this regard an order has been passed by a single Judge of this Court on 29.3.2011 in C.W.J.C. no.4626 of 2011 which reads as follows :- “ No order on the I.A. is required to be passed. In view of the fact that University has suspended the petitioner by a subsequent order, whatever the date. The petitioner is under suspension. The question of transfer becomes academic for the time being. ” In that view of the matter, this Court is of the opinion that petitioner should obey the order of transfer passed by the Respondent-University vide Memo no.B/933 dated 3 1.3.2011. With the above observation this writ petition is disposed of. Sudip ( T. Meena Kumari, J.)