IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13354 of 2009 BHAGYA NARAYAN MISHRA Versus THE STATE OF BIHAR & ORS ----------- 2. 14.10.2009 Heard learned counsel for the petitioner and the State. The petitioner who is a Clerk was transferred from Sitamarhi to Motihari by an order dated 29.6.2009 passed by the Regional Deputy Director of Education, Tirhut Division, Muzaffarpur. It is submitted that subsequently on 24.7.2009 this order was cancelled by the Director, Secondary Education while calling for an enquiry report within fifteen days with regard to the same. It is submitted on behalf of the petitioner that no enquiry report thereafter has been submitted when arbitrarily the order dated 24.7.2009 has been cancelled allegedly an orders of the Government. There is no order of the Government on record in pursuance of which the order dated 24.7.2009 has been cancelled. To this Court, the issue of law that arises for consideration is that after the order of transfer dated 29.6.2009 was cancelled on 24.7.2009, the latter no more remained existed in the eyes of law. If subsequently, the order dated 24.7.2009 has been cancelled also without any 2 express orders reviving the transfer order dated 29.6.2009, there can be no presumptive revival of the dead order dated 29.6.2009 in law. The anomaly in law above is noticed above for respondent no. 1 to enquire into and appropriate orders passed within a period of two weeks from the date of receipt/production of a copy of this order resolving the issue. The writ application stands disposed with the aforesaid observations. P. Kumar (Navin Sinha, J.)