IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16506 of 2008 PRAMOD KUMAR KAMAT Versus THE STATE OF BIHAR & ORS ----------- 3/ 15/01/2009. Heard learned counsel for the petitioner and learned counsel for the State as also for respondent No.7. What was laid out by this Court as an ordinary writ petition challenging an order of transfer has turned out to be a far more murky issue between the petitioner and respondent No.7. Orders of transfer and posting are incidence of service and there is little occasion for the courts to interfere with the same unless there be violation of statutory Rules, serious allegations of mala fides in the issuance of orders of transfer etc. The issue of transfer basically is an administrative issue for the authorities to decide as to which officer is to be posted where and his services to be utilized in what manner. It is not the prerogative of the court to substitute its views for that of the administrator. The submission of the learned counsel for the petitioner that the impugned actions were suggestive of mala fide inasmuch as respondent No.7 was sought to be brought back with no fresh posting for the petitioner, loses its relevance in view of the conduct of the petitioner and respondent 2 No.7 themselves. At this stage, learned senior counsel Mr. Binod Kanth appearing for respondent No.7 intervened to submit that insofar as respondent No.7 is concerned, he makes no issue with regard to his orders of transfer and posting and as a government servant is willing to join at any place that the respondents may post him, whether it be at Muzaffarpur or at Patna or at a third place within the State of Bihar. He is ready to comply with such orders of transfer. It is apparent from annexure-12 to the rejoinder filed by the petitioner to the counter affidavit of respondent No.7 and annexure-G to the reply on behalf of respondent No.7 to the rejoinder by the petitioner to his counter affidavit that the petitioner has lodged a written complaint against respondent No.7 of physical abuse while annexure-G is a complaint case filed by respondent No.7 against the petitioner before the Competent Court that a routine issue of transfer and posting has been reduced to acts of indiscipline and insubordination in a free fight for their respective claims to the chair of the Executive Engineer at Patna. At this stage, the submission of respondent No.7, as noticed above, has to be considered appropriately in the perspective of the submission made 3 insofar as the aforesaid observations of their respective conducts are concerned. The refusal of this Court to interfere cannot, in any manner, be construed as an affirmation of the posting of respondent No.7 at Patna. In light of the aforesaid discussion, there is no occasion for this Court to interfere in this matter. The writ application is dismissed. The State is directed to post the petitioner and respondent No.7 afresh at any place apart from Patna. KC ( Navin Sinha, J.)