IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4377 of 2010 1. SUNITA KUMARI D/O SRI LAXMI CHAND PRASAD, W/O SHEO KUMAR PRASAD R/O VILL.- SAUAN, P.S. CHANDI, DISTT.- NALANDA A/P A.N.M. RAHUI, PRIMARY HEALTH CENTRE, P.S. RAHUI, DISTT.- NALANDA. VERSUS 1. THE STATE OF BIHAR 2. DIRECTOR IN CHIEF, HEALTH SERVICES, BIHAR, PATNA 3. DISTRICT ESTABLISHMENT COMMITTEE THROUGH ITS CHAIRMAN, NALANDA 4. THE DISTRICT MAGISTRATE, NALANDA 5. DOCTOR RAM BILAS RANJAN, CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, NALANDA, BIHARSHARIF 6. IN CHARGE MEDICAL OFFICER, RAHUI, P.S. RAHUI, DISTT.- NALANDA ----------- 02 12.07.2010 The petitioner is an A.N.M. and posted at Primary Health Center, Rahui in the district of Nalanda. By order dated 20.02.2010 (Annexure-9), she was transferred by the Civil Surgeon-Cum-Chief Medical Officer, Nalanda from Rahui to Giriyak. As per the petitioner, she has immediately objected before the Director in Chief, Health Services, Bihar, Patna, who vide his order dated 18.03.2010 (Annexure-10 to the I.A. No.4512 of 2010) cancelled the said transfer. Notwithstanding that petitioner is being asked to handover charge by the In-charge Medical Officer on the ground that petitioner has been transferred and in the original post someone else has been given charge. Learned counsel for the respondent-State states that even though three months have gone by he has received no instructions but the writ petition may be disposed of in view of the order dated 18.03.2010 of the Director in Chief, Health Services, Bihar, Patna. - 2 - In view of the stand taken by the State, it goes without saying that the transfer order of Civil Surgeon-cum-Chief Medical Officer, Nalanda stands set aside by the Director in Chief, Health Services, Bihar, Patna. The transfer order become non est and cannot be enforced. In that view of the matter, the Civil Surgeon-cum-Chief Medical Officer, Nalanda is directed to look into the matter and, if the order of transfer has been set aside by the Director in Chief, the Civil Surgeon-cum-Chief Medical Officer would pass consequential orders withdrawing the transfer order and reinstating the petitioner at the original post. This exercise should be completed by the respondent-Civil Surgeon-cum-Chief Medical Officer, Nalanda, Biharsharif within a period of 15 days from the date of production of a copy of this order before him. With the above observations and directions, the writ petition is disposed of. Trivedi (Navaniti Prasad Singh, J.)