IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5981 of 2009 RAJIV KUMAR Versus THE STATE OF BIHAR & ORS ----------- 2. 13.05.2009 Heard learned counsel for the petitioner and the State. Assailing the order dated 5.3.2009 interfering with the order of posting of the petitioner dated 1.1.2009 at his request under the Rules, the submission is that the order dated 5.3.2009 itself makes it apparent that it is not being passed by independent application of mind by the administrative and disciplinary authority under which the petitioner functions under the Service Rules but at the behest of the District Magistrate. The submission is that the statutory authority exercising control over the petitioner has abdicated his powers acting at the behest of another in statutory jurisdiction. The impugned order dated 5.3.2009 in second paragraph explicitly states that it was being passed at the instance of the District Magistrate. Whether it be an order, direction or instruction, in either event it is vitiated for the aforesaid reason. The impugned order dated 5.3.2009 is not sustainable in law. It is, accordingly, set aside. The writ application stands allowed. AKS/ (Navin Sinha, J.)