IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12049 of 2010 BHANU KUMAR Versus THE STATE OF BIHAR & ORS ----------- 4 10.05.2011 The respondent authorities have been rather indulgent in allowing the petitioner to have his way to some extent despite serious charges having been leveled against him and materials having emerged with evidence. Petitioner as a Drawing and Disbursing Officer and being an In-charge Headmaster of the School in question has indulged in major financial bungling. It is not a case where materials were not found which compelled the authorities to take a decision to transfer the petitioner for free and fair enquiry. But instead of complying with the transfer order he has gone on medical leave to avoid handing over charge and holding the administration to ransom. The Court is not convinced that the transfer order is a stigma because the so-called stigma is the creation of the petitioner by his own conduct and that extent continuance of the petitioner in the present place of posting would be detrimental to the interest of the administration. Petitioner would be deemed to have been released on the basis of the transfer order with effect from today, respondents are free to take further action immediately if the petitioner does not join the transferred place of posting within a week. Allowing the petitioner to continue in the present place would be giving him a long rope to ensure that no free and fair enquiry is held. Writ is dismissed. Prakash ( Ajay Kumar Tripathi, J.)