IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8979 of 2011 Ajit Kumar Poddar, aged about 54 years, S/o Harinandan Poddar, R/o village- Behat, via- Jhanjharpur (R.S). PS- Jhanjharpur (R.S.) Distt.- Madhubani-----------------------------Petitioner Versus 1. The State Of Bihar 2. The Principal Secretary, General Administration Deptt. Old Secretariat, Patna 3. The commissioner, Darbhanga Division, Darbhanga------ -----------------------------------------------Respondents ---------------------------------- For the Petitioner: Mr. Prakash Kumar, Advocate. For the State: Mr. P. Vishwakarma AC to SC-27. -------------------- 2 24.8.2011 Heard learned counsel for the parties. Petitioner has challenged annexure-7 which is the order of deputation passed against the petitioner ousting him from his place of posting as Senior P.A. to Divisional Commissioner, Darbhanga to Collectorate Samastipur. This order is dated 14.12.2010. After such a decision was taken petitioner approached the Principal Secretary, General Administration, Government of Bihar vide his application dated 1.12.2010 contained in annexure-5 raising a grievance that the Divisional Commissioner, Darbhanga has no authority to depute the petitioner to collectorate where there is no post of Personal Assistant of the rank and position of the petitioner. He also asserts that the Divisional Commissioner has no power in this regard specially in light of amendment brought about in the Boards’ Misc. Rules as notified and annexed as annexure-4. He has also brought yet another instance where the General Administration Department had intervened in the matter of transfer of a Najir which is annexure-9 to the writ application. All these facts have been pointed out in annexure-5 but 2 when no decision came to be taken by the concerned respondent, specially respondent no.2 this writ application has been filed in this regard. This writ application is disposed of with a direction upon respondent no.2 that there is an obligation upon him as he is the nodal authority under the State to look into such grievance. It is only failure on his part the petitioner approached the High Court. A direction therefore is issued to the Principal Secretary, General Administration Department, i.e. respondent no.2, after considering the application of the petitioner and taking into consideration the so called amendment brought in terms of annexure-4, he shall pass a speaking order on the issue of right of Divisional Commissioner to transfer the petitioner on the post in question within a period of eight weeks from the date of production/communication of a copy of this order. It goes without saying that with regard to the issue raised by the petitioner an appropriate remedial measure will be taken or else the speaking order may be communicated to the petitioner within the same time frame. This writ application stands disposed of with the above direction. RPS (Ajay Kumar Tripathi, J.)