IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9814 of 2009 CHANDRA BHUSHAN KUMAR, SON OF SRI JAGAT NARAIN SINGH, RESIDENT OF MOHALLA PIRMUHANI(NEAR WATER TOWER), POLICE STATION GANDHI MAIDAN, DISTRICT/TOWN PATNA---PETITIONER. Versus 1. THE STATE BANK OF INDIA THROUGH THE CHIEF GENERAL MANAGER, LOCAL HEAD OFFICE, WEST GANDHI MAIDAN, PATNA. 2. THE CHIEF GENERAL MANAGER, STATE BANK OF INDIA, LOCAL HEAD OFFICE, WEST GANDHI MAIDAN, PATNA. 3. DEPUTY GENERAL MANAGER, STATE BANK OF INDIA, ZONAL OFFICE AT ANTA GHAT, J.C. ROAD, PATNA. 4. ASSISTANT GENERAL MANAGER, STATE BANK OF INDIA, REGION-V, ADMINISTRATIVE OFFICE, J.C.ROAD, PATNA. 5. ASSISTANT GENERAL MANAGER, STATE BANK OF INDIA, REGION-I, ADMINISTRATIVE OFFICE, J.C.ROAD, PATNA. 6. BRANCH MANAGER, STATE BANK OF INDIA, PAKRI ARRAH BRANCH, DISTRICT BHOJPUR---RESPONDENTS. ---------- 03. 29.10.2009 Heard learned counsel for the petitioner and the counsel for the State Bank of India. 2. Petitioner is aggrieved by the transfer order dated 19.9.2008, Annexure-13 whereunder he has been posted at Ara branch of the State Bank of India. 3. It is submitted on behalf of the petitioner that earlier he was transferred from main branch, Patna to Pakri Ara branch, Ara, he challenged the said transfer order as violative of the transfer policy dated 20.1.2005, Annexure-2, in as much as the authorities of the Bank while effecting such transfer did not observe the principle of first come first go i.e. longest to stay at the branch/office will be transferred and deployed first by filing C.W.J.C. No.618 of 2008. In this connection, learned counsel for the petitioner invited my attention to the averments made in paragraph-27 of the writ application which was the stand of the Bank before this Court in the earlier writ petition and this Court having noticed the said stand incorporated in the counter affidavit dismissed the earlier writ application under orders dated 5.3.2009. 4. It is submitted that after dismissal of the earlier writ application, - 2 - the proposal of transfer of M/s Ram Bibhishan Sah, Ramji Mishra, Prabhat Kumar, Baikunth Prasad, Fadar Pandey and Ajay Kumar, all senior assistant like the petitioner and posted at Patna was stayed, contrary to the statement made in the earlier counter affidavit and highlighting such aspect of the matter petitioner during the hearing of the present application wanted this Court to hold that his earlier transfer to Pakri Ara branch and present transfer to Ara branch is malicious and be quashed. Appreciating the aforesaid contention of the petitioner this Court under orders dated 17.8.2009 called upon the Bank to file counter affidavit in the matter but the Bank has not filed any counter affidavit till date and prayer is made by the learned counsel for the Bank to grant him further time to file counter affidavit but considering the nature of the order, this Court is proposing to pass, the prayer for adjournment to enable the Bank to file counter affidavit is refused. 5. Having heard counsel for the parties, I am of the view that at this stage, I grant one more opportunity to the competent authority of the State Bank of India to consider the submission raised in paragraph-27 of the writ application and pass appropriate orders in accordance with law and while doing so the Bank should also consider the desirability of bringing back the petitioner to Patna. Appropriate orders in the light of this order be passed by the competent authority of the Bank as early as possible, in any case within one month from the date of receipt/production of a copy of this order. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.)