IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18676 of 2008 RAM KISHORE RAM . Versus THE STATE OF BIHAR & ORS . For the Petitioner:- Mr. Mohan Pd. Jha, Mr. Subodh Kr. Jha, Mr. Krishna Kumar & Mr. Pranav Kr. Jha, Advocates For the State:- Mr. A.A.G.-III ----------- 08. 26.10.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is stated to have been posted as Divisional Forest Officer, Kaimur Forest Division, Kaimur at Bhabhua vide notification dated 23.06.2008. Soon thereafter on 17.12.2008 he was directed to report at the Headquarters at Patna. It is not in controversy that after having been transferred to Patna the petitioner has subsequently been suspended and departmental proceedings have been started against him. On 9.8.2010 the suspension has been recalled and the departmental proceedings are yet to be concluded. The Court does not consider it necessary to go into the question whether the transfer of the petitioner within approximately six months was justified or unjustified. Suffice it to say that transfer and posting are basically administrative issues and the 2 Court may interfere in a premature transfer if no justifiable or cogent administrative grounds are coming forth. The Court however shall not go into the sufficiency of the grounds. From the narration in the counter affidavit with regard to the petitioner in context of exercise of certain quasi judicial powers preceeding the transfer, the Court is satisfied that it is not inclined to go into the challenge of the order of transfer. If the suspension of the petitioner has been revoked, quite naturally he is now required to be given a fresh posting at any place in accordance with his rank, status and pay as a Divisional Forest Officer. Let the same be done preferably within a maximum period of four weeks from the date of receipt/production of a copy of this order. In view of the fact that the order of transfer was stayed by the Court on 23.12.2008, it is held that the petitioner is entitled to his salary till 10.1.2010 when the order of his suspension had been issued on 11.1.2010. Insofar as the claim for subsistence allowance during the period of suspension is concerned, that is a matter to be considered by the respondents in accordance with Rule 10 of the Bihar 3 C.C.C. Rules, 2005 and payments made in accordance with law. After the suspension has been revoked and the petitioner has offered himself for discharge his duties, he is entitled to his salary for that period also. Let the order be complied with in all aspects within a maximum period of two months from the date of receipt/production of a copy of this order. The application stands disposed. P.K. (Navin Sinha, J.)