IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2419 of 2009 UMA SHANKAR Versus THE STATE OF BIHAR & ORS ----------- 3/ 16/03/2009 Heard learned counsel for the petitioner and learned counsel for the State. No counter affidavit has been filed on behalf of the respondent State. The petitioner was transferred by an order dated 30.6.2008 from Chenari to Rafiganj. It is his specific assertion in the writ petition that he joined at the latter place on 8.8.2008. After such joining his original order of transfer dated 30.6.2008 has been annulled by an order dated 6.10.2008. Learned counsel for the petitioner relies upon an order of this Court in C.W.J.C. No.608/09, which, in turn, relies upon two earlier Bench decisions of this Court reported in 2000(3) P.L.J.R. 139 (Mahmood Azam Siddique (in 12287), Dr. Ramchandra Safi (in 11477) vs. The State of Bihar & Ors.)and 2000(2) P.L.J.R. 332 ( Smt. Jyotsna Kumari vs. State of Bihar and others) holding that an order of transfer, once issued and acted upon, becomes a spent force and redundant. Thereafter there remains no transfer order in existence for cancellation or annulment. 2 This Court, therefore, holds that the order dated 6.10.2008, insofar as the petitioner is concerned, is contrary to the law laid down by this court and is, therefore, not sustainable in law. It is accordingly set aside. The petitioner is entitled to continuance in terms of the order dated 30.6.2008. The writ application is allowed. The respondent shall, however, not be inhibited from passing any fresh orders for transfer and posting of the petitioner in accordance with law. KC ( Navin Sinha, J.)