IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6639 of 2011 SURENDRA JHA, SON OF LATE KHAKHAN JHA, RESIDENT SOF VILLAGE- TOLE BHUTANI, POLICE STATION- ROSRA, DISTRICT- SAMASTIPUR,L PRESENTLY POSTED AS SUPPLY INSPECTOR, KATORIA BLOCK, DISTRICT- BANKA. .. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, DEPARTMENT OF FOOD AND CONSUMER PROTECTION, GOVERNMENT OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF FOOD AND CONSUMER PROTECTION, GOVERNMENT OF BIHAR, PATNA. 3. THE ADDITIONAL SECRETARY, DEPARTMENT OF FOOD AND CONSUMER PROTECTION, GOVERNMENT OF BIHAR, PATNA. 4. THE DISTRICT MAGISTRATE, BANKA. … RESPONDENTS. ----------- 2. 20.04.2011 Heard both the sides. In this writ application, petitioner has challenged the order of Department of Food and Consumer Protection, Government of Bihar dated 25.2.2011 as contained in Annexure-1 by which petitioner has been posted in a Block in Gaya district. From Annexure-4, it appears that earlier there was some proceeding against the petitioner in which he was awarded some minor punishments by the Collector by his order dated 7.2.2011. He was 2 also released from suspension and was directed to take charge of post of Supply Inspector, Katoria, Banka, which was his substantive post earlier before his suspension, from the Circle Officer, Katoria and perform his duties. Accordingly, petitioner took charge of the post and started working as Supply Inspector of Katoria Block. However, treating the petitioner as waiting for posting the impugned order was issued by the Department posting him in a Block in Gaya district. Learned counsel for the petitioner submits that probably the order of the Collector directing him to take charge of the Block as a consequence of withdrawal of the suspension was not in the knowledge of the Department on account of which in the impugned order he has been shown as waiting for posting. He also submits that the petitioner is to superannuate with effect from 31.3.2012. As such it will cause immense hardship to the petitioner if he is compelled to join in the district of Gaya in the last year of his service. He submits that if the respondents consider it appropriate they may post 3 the petitioner in any other Block in the district of Banka itself to which he will not have any objection. He points out that the petitioner has already submitted a representation to the Principal Secretary of the Department through the Collector, Banka a copy whereof is Annexure-2. The said representation has already been forwarded by the Collector, Banka and is waiting consideration in the Department. Therefore, he submits that this Court may direct the Principal Secretary to consider the same in view of the above facts and dispose it of expeditiously. The writ application is, accordingly, disposed of with direction to the Principal Secretary to consider the representation of the petitioner and dispose it of within two weeks from the date of receipt/production of a copy of this order. The petitioner may file an additional representation within one week from today taking up any other ground for re-consideration of the matter by the Principal Secretary as he may consider appropriate. If the order of transfer has not been served on the 4 petitioner till today, the petitioner shall not be relieved from the post from the present place of posting for four weeks from today. Ibrar/- ( Jayanandan Singh, J.)