IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8135 of 2011 SUBHASH PRASAD YADAV, S/O SRI GHUTNESHWAR YADAV, R/O VILLAGE-DHORAIYA, P.O. AND P.S.- DHORAIYA, DISTRICT-BANKA, AT PRESENT MOHALLA- SAHEBGANJ (CHOWKI), P.S.-VISHWAVIDYALAYA, P.O.-CHAMPANAGAR, DISTRICT-BHAGALPUR. .........PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR GENERAL-CUM-INSPECTOR GENERAL OF POLICE, GOVT. OF BIHAR, PATNA. 3. THE INSPECTOR GENERAL OF POLICE (HEAD QUARTER), GOVT. OF BIHAR, PATNA. 4. THE DISTRICT INSPECTOR GENERAL OF POLICE (TRAINING), GOVT. OF BIHAR, PATNA. 5. THE DEPUTY INSPECTOR GENERAL OF POLICE (PERSONNEL), GOVT. OF BIHAR, PATNA. 6. THE DEPUTY INSPECTOR GENERAL OF POLICE (ADMINISTRATION), GOVT. OF BIHAR, PATNA. 7. THE SUPERINTENDENT-CUM-PRINCIPAL, CONSTABLE TRAINING SCHOOL, NATHNAGAR, DISTRICT-BHAGALPUR. ........RESPONDENTS. ----------- 2 10.05.2011 Petitioner seeks consideration of his case for his choice transfer taking shelter under Sub-Clause IV of Rule 778 of the Bihar Police Manual, 1978. Learned counsel for the petitioner submits that up to 2009 petitioner was in Constable Training Institute, Nathnagar, Bhagalpur. In view of his meritorious service, he has sought a choice transfer in view of the said provision of the Bihar Police Manual. However, without considering his repeated representations in the matter, the respondents have posted him in Purnia and 2 then Patna. He submits that petitioner has filed repeated representations which have not been considered by the respondents so far. He submits that the last representation filed by the petitioner is Annexure-10 dated 10.02.2010. He submits that the case of the petitioner should be considered as being posted in Constable Training Institute, Nathnagar, Bhagalpur since he has been filing representations from that very time and his transfers to Purnia and to Patna should not come in the way in considering his case. Learned counsel for the State submits that since the petitioner has already filed his representations, the same may be directed to be considered and disposed of in accordance with law. Learned counsel for the petitioner submits that this Court has already passed orders in one CWJC No.2291 of 2004, a copy whereof is annexed as Annexure-11 to the writ application in similar circumstances. In view of the submissions made by learned counsels for the parties, this writ application is disposed of with a direction to the respondents to consider the claim made 3 by the petitioner in his first representations itself, when he was posted at Constable Training Institute, Nathnagar, Bhagalpur, in terms of the said provision of the Bihar Police Manual and in the light of the earlier order passed by this Court as relied upon by learned counsel for the petitioner and dispose of the same in accordance with law, preferably within a period of two months from the date of receipt/production of a copy of this order. Arvind/ ( J. N. Singh, J.)