IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11422 of 2009 UMA SHANKAR SINGH @ UMA SHANKAR PRASAD SINGH Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner:- Mr. Sudhir Singh, Adv. Mr. Ranjeet Kumar, Adv. For the State:- Mr. G.P. 17 -------------------- 3. 5.10.2009 Heard learned counsel for the petitioner and the State. The claim in the writ application is for annulment of the order of transfer dated 29.6.2009 transferring the petitioner from Mahua to Bhagwanpur in Hajipur district itself. The ground urged is that the petitioner is the President of the District branch of Panchayat Sewak and therefore in terms of an administrative circular dated 17.5.2006 he is not liable to transfer while he holds the officebearership of the district association. His case has been forwarded for consideration to the District Magistrate through the Commissioner but remained pending for decision. The petitioner has further represented in pursuance thereof on 8.8.2009 to the District Magistrate also. An order of transfer is liable to be interferred with only if it is contrary to any statutory law affecting vested legal rights. Any administrative circular which may impinge upon an order of transfer, at best may create a right in the employee to represent but shall not be the foundation for a legal cause of action of certiorari or mandamus in the Court of law. Nonetheless, if any administrative circulars have been issued by the authorities, the same is required to be followed by the 2 authorities and not to be ignored or complied at whims and desire rendering their action arbitrary. A deviation from a government circular has to be for cogent reasons to prevent any challenge to the same on the ground of arbitrariness. If there are any circulars regulating transfer on the issue sought to be presently urged and the petitioner’s claim to be regulated under the same, the authorities are naturally required on the administrative side to display transparency by considering the case under the circular by a reasoned and speaking order expeditiously within a maximum period of 12 weeks from the date of receipt/production of a copy of this order. The writ application is disposed off with the aforesaid observation. P. Kumar (Navin Sinha, J.)