IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3271 of 2010 1. NAGENDRA NATH S/O LATE BISHWA NATH RAI R/O VILL KHABRA,P.O.KHABRA,P.S.SADAR BHAGWANPUR,DISTT-MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE DIVISIONAL COMMISSIONER TIRHUT PARAMANDAL,P.S.&DISTT- MUZAFFARPUR 3. THE SECRETARY TO THE COMMISSIONER TIRHUT PARAMANDAL ,P.S.&DISTT- MUZAFFARPUR 4. THE DISTRICT MAGISTRATE MUZAFFARPUR,DISTT-MUZAFFARPUR 5. THE CIRCLE OFFICER MUSHAHARI,P.S.MUSHAHARI ANCHAL-MUSHAHARI,DISTT- MUZAFFARPUR ----------- 2. 26.02.2010 Heard learned Counsel for the petitioner and the learned Counsel for the State. The order of transfer dated 27.6.2009 on a representation of the petitioner by a reasoned order considering his impending retirement was stayed by the Commissioner on 29.10.2009. Subsequently the Commissioner on 8.2.2010 by an unreasoned order has recalled the order dated 29.10.2009. On the date that the unreasoned order of recall has been passed clearly the petitioner was to retire within a period of one year and therefore the grounds mentioned in the order dated 29.10.2009 with regard to government circular in context of government servants who are to retire within a period of one year appears to apply with full force to the petitioner. The order dated 8.2.2010 is accordingly set aside and the matter is remanded to the Commissioner, Tirhut Division at Muzaffarpur for fresh orders. Till such time that the fresh orders are not passed let there be no coercive action against the petitioner. The application stands allowed to the extent indicated above. Snkumar/- (Navin Sinha,J.)