IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.25 of 2009 1.RAJESH KUMAR s/o Late Binoy Bhushan Sinha, R/0 Mohalla Bandh Gola Road, Mahabir Asthan, P.S.Town Thana District Muzaffarpur……. Petitioner. Versus 1.STATE OF BIHAR 2.The Secretary & Commissioner, Administrative & Personnel Reforms Deptt. Govt of Bihar, Patna. 3.District Magistrate, East Camparan, Motihari. 4.Superintendent of police, East Camparan, Motihari. 5.S.D.O., East Camparan, Motihari 6.Sub Divisonal Police officer, Chakia, East Camparan, Motihari 7.Officer In-carge, Chakia P.S., East Camparan, Motihari 8.B.D.O. Chakia, East Camparan,Motihari………….Resplndents. ----------- 7. 30.06.2009 The petitioner has prayed in this application for a direction to the respondents for passing orders, in order to enable the petitioner to hand over the charge to his successor. Petitioner’s case is that from 26th May 199 to 11th February 2002 he worked as B.D.O.,Chakia, East Champaran and that on 11th February 2002 on his transfer as Circle Officer, Sarairanjan, Samastipur, he joined there as Circle officer. Petitioner’s further case is that due to the Nazir not having produced the Cash Book, he was not able to hand over charge as B.D.O., Chakia to his successor, who had joined on the said post and that without handing over charge, petitioner had joined as Circle officer, Sarairanjan, Samastipur.. Petitioner says that in absence of any order of the authorities, he is not being able to hand over charge as B.D.O., Chakia to his successor who had already joined there on 11th February 2002. Petitioner’s case is also that the Nazir had made some misappropriations in the Cash Book and he deliberately did not produce the Cash Book, hence, he was unable to hand over charge and that he had also written letters to his higher officials, regarding Nazir not producing the Cash Book. In the counter affidavit filed by the Respondent no.3, District Magistrate, East Camparan (Motihari) it is stated that the petitioner as well as the Nazir both were found indulged in embezzlement of the government money to the tune of Rs.45,54,525/- for which an FIR being Chakia P.S.Case no. 146 of 2002 dated 9th August 2002 under Sections 406, 409, 420, 120-B/34 IPC was lodged against the petitioner as well as the Nazir Sunil Kumar. It is submitted on behalf of respondents that the petitioner being himself involved in the embezzlement of the government money, he did not hand over charge despite order dated 4th February 2002 of the District Magistrate vide Annexure-B to the counter affidavit. Learned counsel for the respondents further refers to Annexure-A to the counter affidavit which is a further order dated 6th June 2009 of the District Magistrate, East Champaran directing the petitioner to hand over charge immediately. The petitioner’s main prayer is for a direction in order to enable the petitioner to hand over charge as B.D.O.,Chakia, East Champaran to his successor. In view of Annexure-A & B to the counter affidavit, it appears that the District Magistrate had already earlier directed vide his order dated 4th February 2002 to the petitioner to hand over charge and that when charge was not handed over, a fresh direction vide order dated 6th June 2009 has been passed directing the petitioner to hand over charge of B.D.O., Chakia to his successor. In view of such direction as already issued by the District Magistrate, East Champaran vide Annexure-A & B to the counter affidavit, petitioner does not appear to have any ground for any grievance for a direction to hand over charge. Petitioner is at liberty to hand over charge, because the District Magistrate has already issued his orders to the petitioner directing him to hand over charge immediate. There is no need to pass any further order in this case. The writ application is, accordingly, disposed of. Jay/ ( C. M. Prasad, J )