IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15695 of 2009 RAKESH RANJAN JHA Versus THE STATE OF BIHAR & ORS ----------- 2/ 25/11/2009 Heard learned counsel for the petitioner. None is present on behalf of the State. By an order dated 30.6.2009 the petitioner was transferred from the Saran Collectorate to the Patna Collectorate. He is stated to have joined at Patna on 9.10.2009 and started discharge of duties. On 13.10.2009 an order of cancellation of his transfer has been passed on the ground of absence of ‘no objection certificate’ from the District Magistrate. Learned counsel for the petitioner submits that the order of the District Magistrate, Saran at Chapra dated 14.7.2009 in fact tantamounts to a ‘no objection certificate’. The District Magistrate, Patna on 29.6.2009 has also given his no objection to accommodate the petitioner at Patna, if transferred. It appears that the aforesaid documents of the District Magistrate, Saran and Patna have not been considered in the impugned order dated 13.10.2009. The writ application is disposed with directions to Respondent no. 2, stated to be the competent authority, to examine the aforesaid 2 administrative aspects and then take a final decision on the transfer of the petitioner by a reasoned and speaking order disclosing full application of mind to the issues involved. The petitioner shall be at liberty to file a representation, if he so desires disclosing any facts that he may wish to place in context of the controversy within a period of 10 days from today. If he does not file any representation, it shall be open for Respondent no. 2 to decide the matter on his own wisdom in light of the present discussion. Let this order be complied with by Respondent no. 2 within a maximum period of six weeks from the date of receipt and/or production of a copy of this order and till such time it is directed that the order dated 13.10.2009 shall remain in abeyance to abide by the final decision to be taken afresh by Respondent no. 2. The writ application stands disposed. AKS/ ( Navin Sinha, J.)