IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15623 of 2009 1. UMESH KUMAR SINGH S/O LATE RAM NARAIN PRASAD SINGH VILLAGE AND POST- MANGALPUR, P.S. & DISTT.- MOTIHARI (EAST CHAMPARAN) AT PRESENT POSTED AS FORTH GRADE EMPLOYEE AT GOVERNMENT POLITECHNIC, BARAUNI (P.S.), DISTT.- BEGUSARAI Versus 1. THE STATE OF BIHAR 2. THE SECRETARY DEPARTMENT OF PERSONAL AND ADMINISTRATIVE REFORMS, GOVERNMENT OF BIHAR, OLD SECRETARIAT, PATNA 3. THE SECRETARY CUM COMMISSIONER SCIENCE & TECHNOLOGY DEPARTMENT, GOVERNMENT OF BIHAR, TECHNOLOGY BHAWAN, BAILY ROAD, PATNA 4. THE DIRECTOR SCIENCE & TECHNOLOGY, GOVERNMENT OF BIHAR, TECHNOLOGY BHAWAN, BAILY ROAD, PATNA 5. THE PRINCIPAL M.I.T., MUZAFFARPUR 6. THE PRINCIPAL GOVERNMENT POLYTECHNIC, BARAUNI, BEGUSARAI ----------- 2/ 15/12/2009 Heard learned counsel for the petitioner and learned counsel for the State. While the petitioner was posted at M.I.T., Muzaffarpur he was transferred to N.E.C., Chandi at Nalanda on 6.11.2008. He represented with a request to be allowed to continue at Muzaffarpur. While this representation was pending on 30.6.2009 he was transferred from Chandi at Nalanda to Barauni. He joined there on 6.7.2009. It appears that in the meantime considering his representation requesting to be permitted to continue at Muzaffarpur on a ‘sympathetic consideration’ he was transferred to Begusarai in lieu of Chandi at Nalanda. This Court finds substance in the submission on behalf of the petitioner that he had requested to be allowed to continue at Muzaffarpur. If that was not acceptable to the authorities, there was no occasion for them to consider his case sympathetically for transfer to any 2 other place than that requested for by the petitioner. Since the petitioner is stated to have joined at Barauni on 6.7.2009 and his fresh order of transfer dated 30.6.2009 is allegedly at his request, when it appears that he had made no such request for transfer to Begusarai, this Court considers it proper to hold that in the peculiar facts and circumstances of the case the order dated 30.6.2009 is not sustainable in law or on facts. It is accordingly set aside. The petitioner shall be deemed to continue on his transferred post at Barauni governed by the transfer and posting policy of the State Government hereinafter. In the peculiarity of the situation, this Court further holds that there may not be sufficient justification for the respondents to withhold salaries of the petitioner except after proper opportunity to show cause and consideration of any cause shown thereafter to be complied within eight weeks from the date of receipt/production of a copy of this order. The writ application is allowed to the extent indicated insofar as the salary is concerned. KC ( Navin Sinha, J.)