IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8644 of 2010 1. RAMASHISH TIWARY, S/O LATE SAHDEO TIWARY, R/O VILLAGE+P.O - BHADRARA, P.S.- TARAVI, DISTRICT- BHOJPUR, AT PRESENT POSTED AS SERGEANT MAJOR, POLICE LINES,DISTRICT-MUZAFFARPUR - Petitioner. Versus 1. THE STATE OF BIHAR,THROUGH CHIEF SECRETARY GOVT. OF BIHAR, PATNA. 2. THE DIRECTOR GENERAL OF POLICE, GOVT. OF BIHAR, PATNA. 3. THE INSPECTOR GENERAL OF POLICE, MUZAFFARPUR RANGE, MUZAFFARPUR. 4. THE DEPUTY INSPECTOR GENERAL OF POLICE,MUZAFFARPUR. 5. THE SUPERINTENDENT OF POLICE,MUZAFFARPUR – Respondents. ----------- 2 20.5.2010 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has challenged the order of transfer, dated 30.4.2010 by which he has been transferred from Muzaffarpur to Supaul. The petitioner is a Sergeant Major in the Bihar Police. Learned counsel for the petitioner submits that vide Annexure 3 seven persons have been posted in their home districts in view of the fact that they are going to retire in near future. Referring to clause 3 of rule 778 of the Bihar Police Manual (Vol. I), learned counsel submits that it provides that the men on the verge of retirement (two years or less to go) may be posted in their home districts on request. The petitioner’s home district is Ara. Learned counsel submits that the petitioner is to retire in January, 2012 and, therefore, he would come within clause 3 of rule 778. I accordingly direct the Inspector General of Police (Head Quarter and Administration), Bihar to consider the representation filed by the petitioner and if the facts stated by the petitioner with respect to his retirement are correct and if there is vacancy in Ara district and there is no other administrative reason for 2 not posting him at Ara or near about Ara, the petitioner’s case may be considered sympathetically within a period of one month from the date of receipt / production of a copy of this order. This writ petition is disposed of with the aforesaid observations. Till the disposal of the representation of the petitioner, no coercive steps shall be taken against him. haque (Sheema Ali Khan, J.)