IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL No.349 of 2011 IN CWJC No. 15541 of 2010 With I.A. No. 1532 of 2011 And I.A. No. 1669 of 2011 ====================================================== Rakesh Nandan Singh, S/o Jai Nandan Singh, R/o Village-Sountha, P.S.- Kasba, District-Purnia. …….. Appellant Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Principal Secretary, Department of Health, Government of Bihar, Patna. 3. The Secretary, Department of Health, Government of Bihar, Patna. 4. The Additional Secretary, Department of Health, Government of Bihar, Patna. 5. The Director, Department of Health, Government of Bihar, Patna. 6. The State Drug Controller, Department of Health, Government of Bihar, Patna. ……. Respondents/Respondents 1st Set. 7. Awadhesh Kumar Singh, S/o Sri Raja Prasad Singh, presently posted as Drug Licensing Authority, Sitamarhi, R/o Mohalla-Awas Nagar, P.O.- M.I.T., P.S.-Brahmpura, District-Muzaffarpur, Present Residing at Flat No. 305, Santosha Complex, Bandar Bagicha, P.S.-Kotwali, District- Patna. …… Petitioner/Respondent 2nd Set. ====================================================== APPEARANCE : For the Appellant : Mr.Chakrapani & Dipak Kumar, Advocates. For the State : Mr. Maheshwar Dhar Dwivedi, SC 23. Mr. Sudhir Kumar Singh, AC to SC 23. For the Respondent No. 7 : Mr.Binod Kanth, Sr. Advocate. Mr. Ajit Kumar Singh, Advocate. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3. 14.03.2011 Re. Letters Patent Appeal No. 349 of 2011: With the consent of the learned Advocates, Appeal is 2 heard and decided today. This appeal preferred under clause 10 of the letters patent arises from the judgment and order dated 3rd February 2011 made by the learned single Judge in above C.W.J.C. No. 15541 of 2010. Under the impugned order the learned single Judge has directed the respondent State authorities to implement and notify the order of transfer of Drug Inspectors and Drug Licensing Authority dated 30th June 2010. The writ petition was filed by the respondent no. 7 herein. According to the respondent no. 7, he had been functioning as Drug Licensing Authority at Sitamarhi for past three years. He was ordered to be transferred as Drug Licensing Authority to Patna. However, for the reasons the said order of transfer made on 30th June 2010 was not implemented. In the said circumstances, the learned single Judge has directed that the order of transfer be implemented. The appellant, not a party to the writ petition, has challenged the order of the learned single Judge on the ground that if the order is implemented the appellant would be adversely affected. The appellant at present is functioning as Drug Licensing Authority at Patna. As per the order of transfer, if the order is implemented, the appellant would be transferred out of Patna with a view to accommodating the writ petitioner. On the aforesaid plea, we, vide order dated 24th February 2011, have ordered to maintain status-quo in respect of posting of the appellant. The writ petitioner has filed Interlocutory Application No. 1669 of 2011 for vacation of 3 the aforesaid order dated 24th February 2011 We have perused the records. It appears that the order of transfer of the officers was made on 30th June 2010. For the reasons recorded in the writ petition and the counter affidavit, it was not implemented. We do not enter into the controversy as to why the order was not implemented. The fact remains that the order of transfer was that of routine annual transfer and that it should be implemented in accordance with the guidelines issued by the State Government. It is almost nine months since the order was made. There is no need to stay the order or delay the implementation of the order of transfer. For the reasons aforesaid, the Appeal is disposed of. Interim order made on 24th February 2011 is vacated. Interlocutory Applications stand disposed of. Sujit (R.M.Doshit, CJ.) (Jyoti Saran,J.)