IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15051 of 2008 INDRA BHUSHAN TIWARY Versus THE STATE OF BIHAR & ORS ----------- Advocate for the petitioner:- Mr. Naresh Dikshit Advocate & Mr. Aditya Nr. Singh-I, Advocate ------- Advocate for the State;- Addl. Advocate General No.4 & Mr. Sanjeev Kumar Mishra, J.C. to A.A.G.4 ------------ 2 23-10-2008 Heard learned counsel for the petitioner and learned counsel for the State. On going through the impugned order of transfer and posting of three clerks belonging to the Police Department including the petitioner and the Provisions of relevant Rules i.e. Rule 865( a) of the Bihar Police Mannual 1978, this court finds that no doubt the ministerial officers which will certainly include officials in the rank of clerk are generally to remain in the district of appointment and may have to be moved only in case of promotion as per orders issued by the Inspector General of Police, the Range Deputy Inspector General of Police has been vested with specific powers to transfer any ministerial officer from one district to another in his range and by arrangement with another Deputy Inspector General to another range. The impugned order ( Annexure-8) clarifies that Additional Director General of Police ( B.M.P), Bihar had sent a letter dated 5-9-2007 and by virtue of that letter three clerks ( Accounts Passed ) were transferred to newly created units of Bihar Military Police. This order - 2 - Naresh is by Inspector General of Police ( Law and Order ), Bihar, Patna. Transfer is ordinarily an incident of service and the Rules provide for transfer of any ministerial officer from one district to another in his range and by arrangement with another Deputy Inspector General to another range and hence this court finds no good reason to interfere with the decision of the superior officers of police in ordering for transfer of some of the clerks including the petitioner. The writ petition is, therefore, dismissed. (Shiva Kirti Singh,J)