IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17103 of 2009 1. SUNIL KUMAR PANDEY S/O SRI SURENDRA PANDEY R/O VILL- BALIA, P.S- MAHARJGANJ, DISTT- SIWAN Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, GOVT. OF BIHAR, PATNA 2. THE PRINCIPAL SECRETAY, DEPARTMENT OF REVENUE AND LAND REFORMS, GOVT.OF BIHAR, PATNA 3. THE MINISTER, DEPARTMENT OF REVENUE AND LAND REFORM, GOVT. OF BIHAR, PATNA ----------- 2. 22.12.2009 Heard learned counsel for the petitioner and the State. The petitioner came to this Court earlier in CWJC No. 13382 of 2009 aggrieved by his transfer from Patna to Bisfi barely 18 days after he had joined at Patna. This Court disposed the writ application with directions to consider his representation in light of Government circulars. The order of transfer from Saran to Patna dated 3.2.2009 appended at Annexure-3 does not state that his transfer was pursuant to any representation of his but appears to be a routine chain of transfers. The impugned order dated 24.3.2009 attempts to justify transfer within 18 days only, disclosing administrative exigency for requirement of personnel for election and for which deputation may have been sufficient as the requirement obviously lapses after conclusion of the election. Subsequent ground in the impugned order that petitioner had allegedly obtained transfer on a misrepresentation of his health ground apart from not finding any reference in Annexure-3 is not sustainable on the short ground that before arriving at such conclusion, the Respondents were required to issue show cause to the petitioner of his alleged misrepresentation and then pass a 2 reasoned order. The impugned order dated 24.3.2009 viewed from either angle is, therefore, not sustainable and is, accordingly, quashed. The claim in this individual writ application is allowed. AKS/ (Navin Sinha, J.)