IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16152 of 2008 AMIT KUMAR Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : Mr. Rajendra Pd. Singh, Sr. Adv. Mr. Rajeev Kr. Singh & Mr. M. Kumar. For the State : Mr. P.K. Bhagat J.C. to A.A.G. 5 ------------ 3/ 06.01.2009 Heard learned counsel for the petitioner and the State. The petitioner was transferred after completion of three years of service at Lakhisarai to Bhagalpur in the month of June, 2008 and joined on 3.07.2008. Subsequently by orders dated 01.10.2008 and 17.10.2008, the order of transfer already acted upon has been annulled/cancelled. The petitioner’s questions the same. The defence of the State is that the order of transfer was contrary to the rules and therefore, it has been cancelled. The question and the legal issues involved of annulment of an order of transfer already acted upon has been decided by this Court in C.W.J.C. No. 16215 of 2008 and analogous cases, relying upon two Bench decisions of this Court in 2000 (2) PLJR 332 (Smt. Jyotsna Kumari Vs. State of Bihar & Ors.) and 2000 (3) PLJR 139 (Mahmood Ajam Siddique & Anr Vs. State of Bihar & Ors.) holding that the question of annulment or cancellation of an order of transfer which has already taken effect does not arise. For the very reasons discussed in C.W.J.C. No. 16215 of 2008, this Court finds no reason to arrive at any different conclusion in the present application. The impugned orders of cancellation dated 2 07.07.2008 and 17.10.2008 are likewise annulled. The writ application stands allowed in similar terms. The order of transfer dated 30.06.2008 is not to be interfered with except in accordance with law. S.B.P. (Navin Sinha, J.)