IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3000 of 2010 Ashok Kumar, son of Sri Laxman Ram, Mohalla Ramdhan Pur in Pipal Gali, PS Kotwali, Dist. Gaya, at present Lower Division Clerk, Protocol Section, Collectorate, Patna – Petitioner. Vs. 1) The State of Bihar, 2) The Board of Revenue, Bihar, Patna. 3) Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna. 4) Additional Secretary, Revenue and Land Reforms Department, Bihar, Patna. 5) Commissioner, Magadh Division, Gaya. 6) Sri Sanjai Kumar Singh, District Magistrate, Gaya. 7) Sri Krityanand Ranjan, Dy. Collector, Eastablishment, Gaya. 8) Sri Ravi Ranjan Kumar Gupta, the then Block Dev. Officer, Banke Bazar, Gaya. 9) Sri Sudhir Kumar Sinha, Clerk, Establishment Section, Gaya. 10) Sri Lalan Prasad, Clerk, Aman Block, Gaya Collectorate, Gaya – Respondents. 2 18.8.2010 Counsel for the petitioner submits that since this is a matter relating to transfer from Patna Collectorate to Collectorate, Gaya and vice versa, the Personnel & Administrative Reforms Department is not competent to approve such mutual transfer. Accordingly this modification application has been filed with a prayer to allow the petitioner to implead the Principal Secretary, Personnel & Administrative Reforms Department, Bihar, Patna. The prayer is allowed. The petitioner may correct the memo of the writ petition. In the writ petition it has been stated on behalf of the petitioner that the Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna and the District Magistrate, Gaya have refused to entertain the order of mutual transfer on the ground that it violates rule 18 of the Board Misc. Rules. The order, dated 17.5.2010 passed in CWJC No. 1353 of 2009 is clarified to the extent that the immediate senior officer would 2 obviously have to route the proposition of mutual transfer to the appropriate department. Therefore, this petitioner is given liberty to approach the concerned officer for the purpose of making their comments / recommendation on the proposal of mutual transfer and the District Magistrate or the Principal Secretary, Revenue and Land Reforms Department, Bihar, patna may send the proposal or their comments to the Principal Secretary, Personnel and Administrative Reforms Department, Bihar, Patna for examining whether the proposal for mutual transfer is permissible under the amended Board Misc. Rules. This application is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)