Patna High Court
Sunil Kumar vs The State Of Bihar on 14 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8397 of 2021
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Sunil Kumar Son of Sri Chakradhar Prasad Singh Resident of - Duplex No.
18, Viajaya Golden Town, Sonari, Jamshedpur, P.O. and P.S. - Sonali,
District- East Singhbhum (Jharkhand) presently posted as Director Quality
(Central), Building Construction Department, Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Principal Secretary, Building Construction Department, Government of
Bihar, Patna.
3. The Enginner-in-chief - cum - Additional Secretary cum Special Secretary,
Building Construction Department, Government of Bihar, Patna.
4. The Deputy Secretary to the government, Building Construction
Department, Government of Bihar, Patna.
5. Rakesh Kumar Son of not known to the petitioner, Secretary Technical to the
Chief Engineer, Building Construction Department, Government of Bihar,
Patna and in charge Chief Engineer, South Bihar Wing and Engineer-in-
Chief Building Construction Department, Government of Bihar.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ritika Rani
For the Respondent/s : Mr. Sunil Kumar ( GP-22 )
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 14-02-2022
The matter has been heard via video conferencing
due to circumstances prevailing on account of the COVID-19
pandemic.
In the instant petition, petitioner has prayed for the
following relief/reliefs:
a. For quashing notification no.
3667 (BH) Patna dated 22.06.2020
issued under the signature of Deputy
Patna High Court CWJC No.8397 of 2021 dt.14-02-2022
Secretary, Building Construction
Department, Government of Bihar (R.
No.4) as contained in Annexure-9 by
which respondent no.5 has been
transferred the post of Secretary,
(Technical) to Engineer-in-Chief,
Building Construction Department
with direction respondent no.5 will be
in Additional charge of Chief
Engineer, Sough Bihar Wing and in
charge of Engineer-in-chief Building
Construction Department,
Government of Bihar which is over
the head of the petitioner.
b. Also for commanding to not
fill up the vacancy of the Chief
Engineer and Engineer-in-chief on the
basis of the provisional seniority list
dated 17.02.2020 as contained in
Annexure-7 against which objection
has been sought for deciding the final
seniority list of superintendent
Patna High Court CWJC No.8397 of 2021 dt.14-02-2022
engineer which is pending uptill now.
c. Also for directing the
respondents to make payment of
salary from the month of Feb, 2019 to
uptill now pursuant to representation
dated 19.06.2020 as contain in
Annexure-10 of the writ application.
d. Also necessary relief/ relief, order/
orders, direction/ directions for which
the petitioners are entitled in the eye
of law.
Insofar as the challenge to order dated 22.06.2020
and 17.02.2020 which are relating to transfer, the present
petition is filed on 01.02.2021. Employee is required to question
the validity of transfer order within a reasonable period of time
like within three months. Whereas the present petition is filed
after eleven months, therefore, question of entertaining the
present petition, insofar as the challenge to the transfer order
dated 22.06.2020 and 17.02.2020 is not proper and fair, since
the aforesaid orders must have spent its force as on the date of
filing, the remaining relief of payment of salary for certain
period.
Patna High Court CWJC No.8397 of 2021 dt.14-02-2022
The concerned respondent is hereby directed to
take note of petitioner's representation dated 29.06.2020 and
redress the same within a period of three months from the date
of receipt of this order.
With the above observation, writ petition stands
disposed of.
(P. B. Bajanthri, J)
Ankit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.02.2022
Transmission Date NA
