IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5292 of 2010 1. RAM SWARUP YADAV S/O LATE AWADH YADAV R/O VILL.- MAHTHAURKHURD, P.S. PHULPARAS, DISTT.- MADHUBANI Versus 1. THE STATE OF BIHAR THROUGH SECRETARY REVENUE AND LAND REFORMS DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 2. THE DISTRICT MAGISTRATE MADHUBANI 3. THE CIRCLE OFFICER, MADHUBANI ----------- 04/ 19.07.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for quashing of the order contained in Memo No. 18(MU) dated 28.1.2010, whereby joining of the petitioner after his inter district transfer from Siwan to Madhubani, earlier accepted, has been cancelled and the petitioner has been relieved and asked to give joining at his earlier place of posting at Siwan. Petitioner was working as Clerk in Circle Office, Daraunda in the district of Siwan. He represented before the Government for his inter district transfer from Siwan to Madhubani for personal reason. The representation of the petitioner was considered by the Joint Secretary, Department of Revenue and Land Reforms. The matter was enquired from the Collector, Madhubani regarding the vacancy in the district. The Collector, Madhubani vide letter no. 809 dated 10.6.2008 informed the department regarding - 2 - the situation of vacancy. Petitioner belongs to unreserved category and as per letter no. 809 dated 10.6.2008 there existed vacancy in unreserved category. The Collector of both districts Siwan and Madhubani did not show any reservation so far the inter district transfer of petitioner is concerned. Considering that vide Memo No. 332(4) dated 30.6.2009 the Deputy Secretary, Revenue and Land Reforms Department transferred the petitioner from Siwan to Madhubani. The Collector, Siwan also issued order dated 6.10.2009 relieving the petitioner to give joining at Madhubani. The petitioner gave his joining at Madhubani on 29.10.2009 after being relieved from Siwan. The joining of the petitioner was accepted by order of Collector, Madhubani dated 30.10.2009 and he was posted in the District Establishment Office. L.P.C. and service book of the petitioner was also sent from Siwan to Madhubani. Vide Memo No. 1556 dated 12.12.2009 petitioner started discharging his duty, receiving his salary. For no obvious reason suddenly the Collector, Madhubani issued order contained in Memo No. 18(MU) dated 28.1.2010, cancelling the joining of the petitioner and directing to relieve the - 3 - petitioner to give joining at Siwan. The reason disclosed in the letter was non-availability of post in the district of Madhubani in unreserved category. Counter affidavit and supplementary counter affidavit has been filed by Collector, Madhubani. The reason due to which the impugned order was issued has not been disclosed, simply it is stated that the vacancy in unreserved category was not available. This statement is unbelievable, in terms of letter no. 809 dated 10.6.2008 sent by Collector, Madhubani, disclosing the position of vacancy in different category in the District of Madhubani. Considering the fact that when, process for inter district transfer of petitioner was initiated, a query had been made and the Collector, Madhubani himself has reported regarding availability of post in unreserved category in the district. During the process or subsequent to the joining of the petitioner, if some person was brought against the same post, it could not a reason for cancelling the petitioner’s joining and asking him to give joining at Siwan, from where he was transferred, earlier in the year, 2009. The reason shown in the counter affidavit is not acceptable, as such the - 4 - impugned order contained in Memo No. 18(MU) dated 28.1.2010 is quashed. The District Magistrate, Madhubani is directed to allow the petitioner to continue on the same post where he was working prior to the issuance of the impugned order. The person, who has been adjusted against that post, must be transferred and relieved for giving joining at some other place. All these exercise must be completed by the District Magistrate, Madhubani within one week from the date of production/communication of this order. The salary, for the period, in between his joining at Madhubani was cancelled and again he will be allowed to join, shall be paid to the petitioner, as earlier as possible, preferably within four weeks. This application is allowed. DKS/ (Mridula Mishra, J.)