IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6266 of 2009 Sri Krishna Singh, son of late Bindeshwari Singh, Resident of Village Mahna, Police Station Barauni, District Begusarai. -------- Petitioner Versus 1. The State of Bihar through the Commissioner cum Principal Secretary, Public Health Engineering Department, Govt. of Bihar, Patna. 2. Deputy Secretary, Public Health Engineering Department, Govt. of Bihar, Patna. 3. Engineer-in-Chief cum Special Secretary Public Health Engineering Department, Govt. of Bihar, Patna. 4. Sri Munish Chandra Jha, Executive Engineer, Public Health Mechanical Division, Chapra. ---------- Respondents ----------- 2 19.5.2009 Heard counsel for the petitioner and counsel for the State. The only grievance of the petitioner in this writ application is with regard to his posting at Patna in capacity of Executive Engineer, Public Health Mechanical Division, Patna in the department of Public Health Engineering Department. Counsel for the petitioner would submit that when the petitioner was already given additional charge on the said post at Patna with a clear stipulation that such additional charge of the petitioner will continue till a permanent arrangement would be made, the impugned order passed by the Department again by way of making an ad-hoc arrangement, this time giving the additional charge to respondent no.4, is an arbitrary action. He would further contend that since the wife of the petitioner is posted at Patna and the petitioner has also completed his tenure at Muzaffarpur by remaining posted over there for a period of five years, the Government may consider the desirability of placing the petitioner at Patna. In the opinion of this Court, taking a decision with regard to the transfer and posting of an officer remains within the discretion power of 2 the executive and the Courts can hardly go into such matter. It is true that sometime a decision taken with regard to transfer and posting causes a lot of problem on account of such decision being made to look arbitrary or malafide, but then the remedy also as against such order initially would be before the authority. Counsel for the petitioner would submit that though the petitioner has already filed his representation on 4.5.2009 but the same has not yet been decided. Accordingly, this Court without expressing any opinion on the merits of the claim of the petitioner would only direct the Principal Secretary of the Public Health Engineering Department to look into the grievance of the petitioner and pass an appropriate order within a period of three months from the date of receipt/production of a copy of this order. With the aforementioned observations/ direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)