IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15288 of 2009 1. DR. BISHNU DEO THAKUR S/O LATE CHANDI CHARAN THAKUR R/O 28, DOCTOR'S COLONY, DMC CAMPUS, P.S. LAHERIASARAI, DISTT. DARBHANGA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY DEPTT. OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVT. OF BIHAR, PATNA 3. THE ADDITIONAL SECRETARY DEPTT. OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVT. OF BIHAR, PATNA 4. THE DEPUTY SECRETARY DEPTT. OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVT. OF BIHAR, PATNA 5. THE PRINCIPAL DARBHANGA MEDICAL COLLEGE AND HOSPITAL, LAHERIASARAI, DARBHANGA For the petitioner:- Mr. Kamal Nayan Choubey, Senior Advocate & Mr. Prashant Sinha,Advocate For the State :- Assistant Counsel to AAG-II 3 25.11.2009 Heard counsel for the petitioner and the counsel appearing for the State. Counter affidavit has been filed on behalf of the State. Petitioner has prayed for quashing of the notification dated 9.11.2009 contained in Memo no. 792(17) issued under the signature of Deputy Secretary, Department of Health, Government of Bihar, whereby the earlier transfer order issued in favour of the petitioner vide notification no.671 (17) dated 11.9.2009 has been cancelled. Earlier notification dated 11.9.2009 had been issued by the department canceling transfer of petitioner from Darbhanga Medical College & Hospital, Laheriasarai - 2 - to Vardhman Institute of Medical Sciences, Pawapuri. He was posted at Darbhanga. Petitioner has challenged the impugned order on the ground that the Government is transferring the petitioner from one place to another within a span of less than one year. Within six months he has been transferred from Darbhanga to Pawapuri and Pawapuri to Darbhanga at more than one occasion. In the counter affidavit of the State it is stated that the notification dated 11.9.2009 (Annexure-4) was issued inadvertently, whereby the transfer of the petitioner at Pawapuri has been cancelled and he has been posted at Darbhanga. It is surprising that how a notification can be issued by the Department inadvertently. Initially a notification was issued by the Department, whereby petitioner was transferred to Pawapuri. Subsequently for some reason the transfer order was kept in abeyance and the petitioner was deputed at Darbhanga. In this circumstance, if notification dated 11.9.2009 was issued canceling the earlier transfer order and posting the petitioner at Darbhanga, the State cannot say that such notification was issued inadvertently. The notification no. 671 (17) dated 119.2009 has already been implemented and the petitioner has given - 3 - his joining at the transferred place. In that view of the matter, Annexure-5 cannot be issued by the Department cancelling the earlier transfer order within two months of the transfer order. The notification no.792 (17) dated 9.11.2009 is accordingly quashed. The writ application stands allowed. (Mridula Mishra,J.) A.Kumar