IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1951 of 2006 MATUKDHARI PRASAD SINHA Versus STATE OF BIHAR & ORS ----------- For the petitioner : None For the respondents : Mr. Alok Kumar, Junior Counsel to Government Advocate-I ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Dr. Ravi Ranjan ------ Dated, the 7th August, 2008 On 19th July, 2008, when the matter was called out, none appeared for the petitioner, but it was adjourned for four weeks. Today also nobody appears for the petitioner. 2. Mr. Alok Kumar, the Government counsel for the respondents submits that the order dated 28th November, 2005 has been complied with. 3. The order dated 28.11.2005 to the extent it is relevant reads thus: “In the circumstances, the writ petition is disposed of directing the competent authority/Establishment Committee to consider and pass necessary order on the petition of the petitioner, annexure 2 series, at the time of passing of the order of transfer.” 4. In the show cause filed by opposite party no.4 on 14th May, 2007, the following statements have been made: - 2 - (i) That, on the basis of application of the petitioner attached at series-2, an order has been issued by the Director (Secondary Education) Bihar, (Opposite Party no.2) vide memo no.1599 dated 1.6.2006 by which the subject of appointment of the petitioner has been changed from Math-Physics to Biology subject. A photo copy of the memo no.1599 dated 1.6.2006 is attached herewith and marked as Annexure-A to this show cause petition. (ii) That, by the decision of the Divisional Establishment Committee, Patna Division, Patna, the petitioner has been transferred from High School, Sujayatpur, Buxar to High School, Bihiya, Bhojpur against vacant post of Biology subject teacher vide memo no.623 dated 3.5.2007 issued from the office of the deponent. A photo copy of memo No.623 dated 3.5.2007 is attached herewith and marked as Annexure-B, to this show cause.” 5. It would be, thus, seen that the order dated 28th November, 2005 has already been complied with and that is why the petitioner and his counsel remained absent on two consecutive dates. 6. MJC is disposed of accordingly. R.M. Lodha, CJ Dr. Ravi Ranjan, J. Sunil