IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18422 of 2008 DEO SHANKAR PRASAD BACHCHAN Versus THE STATE OF BIHAR & ORS ----------- 2. 13.01.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The petitioner is aggrieved by the order dated 26.11.2008 transferring him from Nalanda to West Champaran. By an order dated 20.9.2008 the petitioner was transferred from Nalanda to Madhubani. He joined at Madhubani. Thereafter by order dated 1.10.2008 and a consequential order dated 16.10.2008 his posting to Madhubani was annulled/cancelled. He then came back to Nalanda and joined at Nalanda when the impugned order has been issued. This Court has already held in two Bench decisions reported in 2000 (2) PLJR 332 ( Smt. Jyotsna Kumari Vs The State of Bihar & ors. ) and 2000 (3) PLJR 139 (Mahmood Azam vs. The State of Bihar & ors. ) that once an order of transfer is issued and has taken effect it is a spent force and is redundant and no order of transfer survives for its annulment/cancellation. However the authorities are at liberty to pass fresh order of transfer in accordance with law. Once the petitioner was transferred to Madhubani and joined as such, the question of annulment/cancellation of the order of transfer which was no more in existence, does not arise. If that be the position in law this Court finds it difficult to grant any relief to the petitioner in context of the order dated 26.11.2008 as it would result in revival of an illegal order for his reversion to his post at Nalanda. The petitioner in accordance with law stands transferred to Madhubani. Learned Counsel for the petitioner submits that he has no objection to the same and is ready and willing to join at Madhubani. In that view of the matter the only appropriate order to be passed now is to direct the respondents to accept the joining of the petitioner at Madhubani in accordance with the order of transfer dated 20.9.2008. For that limited purpose Annexure 4 is held tobe bad. The writ application stands allowed. Snkumar/- (Navin Sinha,J.)