IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19747 of 2010 DINESH PASWAN, SON OF LATE RAM LAKHAN PASWAN, RESIDENT OF VILLAGE-MIRCHAIYA TOLA, POST OFFICE-GULZARBAGH, POLICE STATION-ALAMGANJ, DISTRICT-PATNA, POSTED AS CLERK, D.T.O. OFFICE, PATNA. ..............PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH STATE TRANSPORT COMMISSIONER, DEPARTMENT OF TRANSPORT, BIHAR, PATNA. 2. THE JOINT STATE TRANSPORT COMMISSIONER, DEPARTMENT OF TRANSPORT, BIHAR, PATNA. 3. THE DISTRICT TRANSPORT OFFICER, PATNA. 4. THE ELECTION OFFICER-CUM-DISTRICT MAGISTRATE, PATNA. 5. THE NODAL OFFICER-CUM-JOINT TRANSPORT COMMISSIONER-CUM-SECRETARY T.T.A., PATNA DIVISION, PATNA. 6. JOINT SECRETARY, DEPARTMENT OF TRANSPORT, GOVERNMENT OF BIHAR, PATNA. ...............RESPONDENTS. ----------- 3. 20.12.2010 By office order of the District Transport Officer dated 22.11.2010, petitioner was directed to hand over charge to one clerk and submit his joining in Mohania Check Post. Learned counsel for the petitioner submits that during the election, services of petitioner were requisitioned and he was deputed in the Vehicle Cell (Vahan Koshang) in the office of the Collector. After the elections were over, petitioner has been relived by the Nodal Officer of the Vehicle Cell on 14.12.2010. Therefore, when the order was passed by the District Transport Officer, his services were still 2 under the control of the Collector on deputation. He submits that since the petitioner was under deputation, during that period any order of his transfer and posting to Mohania Check Post is redundant. He submits that now his Parent Department and Controlling Officer in the Transport Department, can pass orders of his transfer and posting, only when he has joined the Department after relieving from the Vehicle Cell of the Collector Office on 14.12.2010. Learned counsel for the petitioner submits that in view of the earlier decision of the Transport Commissioner, taken on 4.9.2010 in respect of his transfer/posting him in Mohania Check post, petitioner has filed representation before the respondent Transport Commissioner on 19.11.2010, showing his personal difficulty on account of illness of wife, enclosing all the medical reports requesting for cancelling his transfer and his posting anywhere near the town of Patna. He submits that this representation has not been considered. They may consider the said representation and take into consideration his difficulties as disclosed therein and 3 then only may pass fresh orders. Learned counsel for the petitioner submits that petitioner will file a fresh representation before the Transport Commissioner for this purpose. Considering the facts and circumstances and submissions of the learned counsel for the petitioner, this writ application is disposed of with a liberty to the petitioner to file a fresh representation before the Transport Commissioner, for consideration of his posting on a suitable post, considering his hardship and difficulties on account of illness of his wife. Since earlier order of transfer was issued during the deputation of the petitioner while under the control of the Collector in the Vehicle Cell, the same shall not be given effect to automatically and fresh order shall be issued by the respondents, if need be, in respect of his posting taking into account his representation. Devendra/ ( J. N. Singh, J.)