IN THE HIGH COURT OF JUDICATURE AT PATNA C.W.J.C. No.16032 of 2008 Pramod Kumar, S/O Late Bindeshwari Prasad r/o village Mohanpur, P.S. Islampur, district Nalanda at present posted on the post of Clerk in Primary Health Centre, Ekangarsarai, district Nalanda .. Petitioner Versus 1. The State of Bihar 2. The Principal Secretary/Secretary, Health Department Government of Bihar, New Secretariat Building, Patna 3. Principal Secretary, Cabinet Secretariat Department, Government of Bihar, Old Secretariat, Patna 4. The Director, Health Services, Bihar, New Secretariat Building, Patna 5. Civil Surgeon-cum-Chief Medical Officer, Nalanda 6. Civil Surgeon-cum-Chief Medical Officer, Kishanganj .. Respondents **** /4/ 02.02.2009 Heard the counsel for the petitioner and the State. 2. Petitioner has filed this application for quashing the order, dated 01.10.2008, issued from the Cabinet Secretariat, Patna, contained in Letter No. 3268, whereby the earlier transfer of petitioner from Subdivisional Hospital, Kishanganj, to the office of the Civil Surgeon, Nalanda, has been cancelled. Petitioner, after the death of his father, was appointed on compassionate ground in the office of the Civil Surgeon-cum-Chief Medical Officer, Kishanganj. His father 2 died in harness while working in the office of the Civil Surgeon-cum-Chief Medical Officer, Kishanganj. Subsequently, the petitioner, who was working on the post of Clerk, made a representation for his transfer from Kishanganj to Nalanda on his mother’s age and illness ground. The representation of the petitioner was forwarded by the Civil Surgeon with his recommendation and the petitioner was transferred by the Director-in-Chief, Health Services, Bihar, Patna, vide his order, dated 30.06.2008, contained in Memo No. 1132(4) from Kishanganj to the office of the Civil Surgeon, Nalanda. 3. Counter affidavit has been filed where it has been stated that the petitioner represented for his transfer to Nalanda on mutual basis before the Civil Surgeon-cum-Chief Medical Officer, Kishanganj. Recommendation of Civil Surgeon was also for mutual transfer. The petitioner was transferred, but, his reliever was not transferred to Kishanganj due to this reason the earlier transfer order issued in favour of the petitioner has been cancelled. 4. Transfer order, dated 30.06.2008, do not indicate that it was a mutual transfer order rather from the 3 representation of the petitioner it transpires that he represented for his transfer from one district to another on other grounds. Subsequent transfer order do not indicate reason for canceling the earlier transfer order. Counter affidavit is also completely silent. 5. Considering this fact the order, dated 01.10.2008, contained in Annexure 2, is quashed. On the basis of the earlier transfer order, contained in Annexure 1, if the petitioner already not allowed to join at his transferred place, he should be allowed to join at Nalanda. 6. With these observations and directions, this application is allowed. Cp:2/S.A. ( Mridula Mishra, J. )