IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12987 of 2008 5 18.11.2008 Arbind Kumar Verma son of late Bhagwan Prasad, At & PO Khagaria, PS Sathi, District West Champaran (Bettiah) posted as Supply Inspector at Gopalganj Block, District Gopalganj VERSUS 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Commissioner-cum-Secretary of Food and Consumer Protection Department, Government of Bihar, Patna 3. Deputy Secretary, Food and Consumer Protection Department, Government of Bihar, Patna 4. The Director-in-Chief, Food and Consumer Protection Department, Gopalganj 5. District Magistrate, Gopalganj 6. The Sub-Divisional Officer, Gopalganj 7. Mr Imdadul Haque (Block Supply Inspector), Gopalganj Block, Ekma, District Saran ------- For the Petitioner : Mr Radhe Shyam Prasad, Advocate For the State : Mr Ranjan Kr. Singh, JC to GP 2 For the Respondent : Mr Yogendra Pd. Sinha, Advocate No.7 ------- Heard the parties. By the impugned order contained in Annexure-3 dated 1.8.2008, along with some others petitioner has been transferred from Gopalganj Sadar to Mahesi, Saharsa as Supply Inspector. On behalf of the petitioner it has been submitted that the usual transfers were made in the Department in June 2008 and petitioner was not included therein but only to accommodate respondent no.7, he has been subsequently 2 transferred in August 2008. It has further been submitted that petitioner’s order of transfer contained in memo no.4086 dated 1.8.2008 has been cancelled totally by decision of the State Government contained in letter no.3268 dated 1.10.2008. On 11.11.2008, this Court passed an order after noticing the request of the petitioner for his transfer from Gopalganj Sadar to any other place contained in Annexure-A to the counter affidavit of the State, that prima facie, petitioner is not entitled for relief against transfer in view of his own request. However, in order to verify whether the impugned order of transfer has been cancelled by government decision contained in letter no.3268 dated 1.10.2008, the matter was adjourned so that the said letter may be produced by the petitioner or by the State. Today, the said letter which is actually issued udder the signature of Principal Secretary, Cabinet Secretariat Department, Government of Bihar has been produced by learned counsel for the State. On perusing the said letter this Court finds that the impugned order of transfer contained in Annexcure-3 has not been interfered in toto but only transfer of some individuals have been interfered with on various grounds indicated in that order dated 1.10.2008. It is also found that petitioner’s name does not find mentioned in the said letter and his transfer has not been cancelled by the 3 decision of the State Government. There may be some substance in the submission made on behalf of the petitioner that respondent no.7 has been brought to Gopalganj from Siwan by way of accommodation but that itself will not entitle the writ petitioner to any relief as his transfer has been made on his own request. Hence, the writ petition is dismissed. The interim order dated 3.9.2008 stands vacated. (Shiva Kirti Singh, J.) sk