IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1867 of 2011 In Civil Writ Jurisdiction Case No. 13822 of 2011 With Interlocutory Application No. 8337 of 2011 In Letters Patent Appeal No. 1867 of 2011 ====================================================== Naresh Prasad, S/O Late Baliram Singh, resident of village - Balbhadrashari, P.O.- Hilsa, P.S.- Hilsa, District- Nalanda. .... .... Appellant/Petitioner Versus 1. The Principal Secretary, Water Resources Department, Government of Bihar, Patna 2. The Chief Engineer, Water Resources Department, Bhagalpur. 3. The Deputy Secretary, Water Resources Department, Bhagalpur. .... .... Respondents/Opposite Party. ====================================================== Appearance : For the Appellant/s : Mr. Raj Dular Prasad Mr. Rakesh Kumar, Advocates. For the Respondent/s : Mr. Shambhu Nath, A.C. to AAG 3. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 15-12-2011 Feeling aggrieved by the order dated 15th November 2011 made by the learned single Judge in above CWJC No. 13822 of 2011, the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The matter at dispute is the transfer of the appellant, a Typist under the Chief Engineer, Water Resources Department, Bhagalpur to the Water Resources Department, Siwan. The challenge to the said transfer has been rejected by the learned single Judge. Therefore, this Appeal. Learned Advocate Mr. Raj Dular Prasad has appeared for the appellant. He has submitted that the appellant, a Typist, is a Class-III employee under the Chief Engineer, Water Resources Patna High Court LPA No.1867 of 2011 (2) dt.15-12-2011 2 / 2 2 Department, Bhagalpur. His service is transferable within the Bhagalpur Circle. Accordingly during past 30 years he has been transferred time and again within the Bhagalpur Circle. Pursuant to the complaint made by one Rajendra Prasad Singh, a retired officer, in respect of demand of illegal gratification by the appellant for processing the complainant’s claim for payment of arrears of salary, the appellant has been transferred out of Bhagalpur Circle in public interest. Mr. Raj Dular Prasad has submitted that as stated in the counter affidavit, the complainant could not prove the allegations made against the appellant by cogent evidence. The complaint was found to be false. In the submission of Mr. Raj Dular Prasad, the transfer of the appellant out side the Bhagalpur Circle is not warranted. We see no substance in the argument advanced by Mr. Raj Dular Prasad. True, ordinarily a Class-III employee would not be transferred out side the Circle. However, in the present case, the public interest demanded that the appellant be transferred out side the Circle. The State Government has the power to make such transfer in public interest. We are of the opinion that the learned single Judge has rightly rejected the writ petition. No case for interference is made out. The Appeal is dismissed in limine. Interlocutory application stands disposed of. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)