IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.797 of 2010 CHHOTE LAL PRASAD S/O LATE PHUL LAL PRASAD R/O VILL- DUDHAR, P.O. SISRIT, P.S. NOKHA, DISTT. – ROHTAS. …PETITIONER/APPELLANT. VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, BIHAR, PATNA. 2. CHIEF SECRETARY OF STATE OF BIHAR, PATNA. 3. PRINCIPAL SECRETARY, DEPTT. OF SOCIAL WELFARE, BIHAR, PATNA. 4. DIRECTOR DIRECTORATE OF I.C.D.S., BIHAR, PATNA. 5. DISTRICT MAGISTRATE, ROHTAS. 6. DEPUTY DEVELOPMENT COMMISSIONER, ROHTAS 7. DISTRICT PROGRAMME OFFICER, ROHTAS 8. CHILD DEVELOPMENT PROJECT OFFICER MASHARAKH (SARAN). ….RESPONDENTS/RESPONDENTS. ------ For the appellant : Mr. Ashok Kumar Mishra no.2.,Advocate. For the respondents : Mr.Lalit Kishore, A A G-III. ----- 2/ 29.04.2010 I.A.No.4233 of 2010 This is an application for condonation of delay of five days in preferring the appeal. Having heard Mr. Ashok Kumar Mishra no.2., learned counsel for the appellant and Mr. Lalit Kishore, learned Additional Advocate General-III for the State, we are of the considered opinion, the delay in filing the appeal deserves to be condoned and, accordingly, it is so ordered. - 2 - I.A., accordingly, stands allowed. L.P.A.No.797 of 2010 As we have condoned the delay, we are inclined to take up the appeal for admission and final disposal. Questioning the legal propriety of the order dated 12.03.2010 passed in CWJC No.18051 of 2009, the present appeal has been preferred. On a perusal of the order passed by the learned Single Judge, it is noticeable that he has granted liberty to the appellant to represent to the competent authority with a stipulation that the same shall be disposed of within a period of eight weeks. Having heard Mr. Ashok Kumar Mishra No.2, learned counsel for the appellant and Mr. Lalit Kishore, learned Additional Advocate General-III for the State, we are inclined to say that if the appellant raises a contention in the representation that as he is within the divisional cadre, he is not liable to be transferred, the same shall also be dealt with by the competent authority within the stipulated time that has been given by the learned Single Judge. - 3 - Till the representation is disposed of, the appellant shall not be coerced to join at the transferred place and on that ground no disciplinary proceeding shall be initiated against him. With the aforesaid modification in the order of the learned Single Judge, the appeal stands disposed of. There shall be no order as to costs. Sunil (Dipak Misra, C.J.) (Mihir Kumar Jha, J.)