IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8159 of 2009 SHRI NIWAS, SON OF SRI CHURA MANI SHARMA, R/M- RAGHUNATH TOLA, ROAD NO.39, P.O. ANISHABAD, P.S. GARDANIBAGH, DISTT-PATNA. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, PLANNING AND DEVELOPMENT DEPTT., BIHAR, PATNA. 3. THE DIRECTOR, DIRECTORATE OF STATISTICS AND EVALUATION, BIHAR, PATNA. 4. THE JOINT DIRECTOR(ADMINISTRATION) DIRECTORATE OF STATISTICS AND EVALUATION, BIHAR, PATNA. ----------- With CWJC No.8163 of 2009 MANISH RANJAN SON OF LATE RAJENDRA SINGH, RESIDENT OF VILLAGE- NISHARPURA, P.O. AMARPURA, P.S. NAUBATPUR, DISTT- PATNA. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, PLANNING AND DEVELOPMENT DEPTT., BIHAR, PATNA. 3. THE DIRECTOR, DIRECTORATE OF STATISTICS AND EVALUATION, BIHAR, PATNA. 4. THE JOINT DIRECTOR(ADMINISTRATION) DIRECTORATE OF STATISTICS AND EVALUATION, BIHAR, PATNA. ----------- 2. 17.7.2009. Petitioners are aggrieved by the transferred order bearing nos.120 and 116 dated 27th June, 2009 and 24th June,2009 where under they have been transferred from Directorate of Statistics and Evaluation, Bihar, Patna to the post of Junior Statistics Assistant and Junior Field Investigator in the Konch Block, Gaya and District Statistics Officer Kaimur (Bhabua). Counsel submit that the transfer - 2 - N.H./ order has been issued under the signature of the Joint Director, who is not competent to pass transfer order as in terms of the Government Notification dated 20th March,2007 it is the head of the department who is vested with the jurisdiction to pass transfer order. In the case of the petitioners the head of the department is either Director Statistics or the Principal Secretary of the Planning and Development Department. Let the petitioners represent before the Principal Secretary, Planning against the order dated 27th June,2009 and 24.6.2009 (Annexure-1), who should consider the representation as early as possible in any case within one month of its receipt, but before making the representation, petitioners must submit their joining at the transferred place and state such fact in the representation. This application is, accordingly, disposed of. ( V.N. Sinha,J.) - 3 -