IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2300 of 2009 INDIRA TIWARY Versus THE STATE OF BIHAR & ORS ----------- 2/ 17.02.2009 Heard learned counsel for the petitioner and the state. The prayer of the petitioner in this writ application is for quashing of an order of transfer dated 18.10.2007. However, such an order of transfer can not be assailed by the petitioner after almost one and half years of its being passed and acted upon. Infact disobedience on an order of transfer for such a long period could by itself be sufficient for initiating a disciplinary proceedings against the petitioner. At this stage, learned counsel for the petitioner submits that the petitioner has already complied the impugned transfer order and infact has also joined the post at his new place of posting. If that be so this writ application has become infructuous. That apart the only question raised by the counsel for the petitioner against the impugned order of transfer that the Civil Surgeon-cum-Medical Officer had no jurisdiction to pass an order of such transfer because the petitioner belongs to the State cadre also seems to be factually incorrect because on the own - 2 - showing of the petitioner she was earlier also transferred and posted by an order dated 25.6.1996 as contained in Annexure-4, under the orders passed by none-else but the Civil Surgeon-cum-Medical Officer himself. Thus the plea of the petitioner of being a State cadre employee also does not get support from her own conduct and of accepting and acting on the repeated orders of transfer passed by the Civil Surgeon who is only a district cadre controlling authority. The third and last submission of the learned counsel for the petitioner that this case may be taken up for hearing another writ petition filed by the petitioner i.e. C.W.J.C. No.503 of 2008, is also wholly misconceived inasmuch as this writ application as indicated above confined against the impugned order of his transfer has already been acted upon by the writ petitioner which in turn has rendered this writ application to become infructuous. That being so, this application is wholly misconceived and must be dismissed as having become infructuous. (Mihir Kumar Jha, J.) chauhan