IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14544 of 2009 1. KAMESHWAR PRASAD S/O LATE SUAYAMBAR SAH VILL.- DIHARA, P.O.- DIHARA, VIA- OBRA, P.S. OBRA, DISTT.- AURANGABAD Versus 1. THE STATE OF BIHAR THROUGH SECRETARY WATER RESOURCES (IRRIGATION) DEPTT., BIHAR, PATNA 2. THE ENGINEER-IN-CHIEF WATER RESOURCES DEPTT., BIHAR, PATNA 3. THE CHIEF ENGINEER WATER RESOURCES DEPTT., BIHAR, PATNA 4. THE CHIEF ENGINEER MINOR IRRIGATION, BIHAR, PATNA 5. THE CHIEF ENGINEER RURAL WORKS DEPTT., BIHAR, PATNA 6. THE SUPERINTENDING ENGINEER WORKS CIRCLE- 2, RURAL WORKS DEPTT., SASARAM 7. THE EXECUTIVE ENGINEER RURAL WORKS DEPTT., WORKS DIVISION- 2, SASARAM 8. THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION, BHABHUA ----------- 2. 17.11.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. A purely administrative issue with regard to alleged non- handing over of charge when the respondents have adequate powers under the Bihar Service Code to take over unilateral charge has been generated as an unwanted litigation burdened on the Court by the respondents. This Court was inclined to impose costs on the official respondents but Court refrains from doing so. The contention of the petitioner is that he is willing to hand over charge but he is being hounded. The respondents urge that he is not prepared to hand over charge. The respondents prefer to maintain complete silence on their powers to assume unilateral charge. This writ application is disposed off with a direction to the Secretary, Water Resources Department to ensure that charge is taken over from the petitioner on the specified date and time to be communicated in advance in writing to the petitioner and in the event that he does not respond the respondents have adequate powers to assume unilateral charge in accordance with law. While taking such action in the light of the aforesaid discussion the Secretary should also decide the issue of the claim for salary by a reasoned and speaking order reflecting reasons so that judicial review of the same is facilitated, should the need for the same arise. Snkumar/- (Navin Sinha,J.)