IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2448 of 2009 UPENDRA ROY Versus THE STATE OF BIHAR & ORS ----------- 2. 20.2.2009 Heard Mr. Rajendra Prasad Singh, learned Senior Counsel for the petitioner and the counsel for the State. Prima facie the order of the District Education Officer does not seem to be inconsonance with the provisions governing service condition of the teachers of elementary school, inasmuch as the District Education Officer has been vested with no power of control over the transfer of such teacher. The issue, however, is not free from doubt because now the petitioner himself has approached the Regional Deputy Director of Education, Saharsa, who has stayed operation of the impugned order of transfer and has called for a report. If that be the remedy already availed by the petitioner, this writ application for the present must be held to be premature. That being so, this application is disposed of with a direction to the R.D.D.E., Saharsa to pass a final order in 2 accordance with law within a period of three months from the date of receipt/ production of a copy of this order. (Mihir Kumar Jha,J.) Surendra/