Ashok Kumar Gupta vs The State Of Bihar
2022 Latest Caselaw 2788 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.12090 of 2021
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Ashok Kumar Gupta Son of Sri Bhola Prasad Gupta Residing of Mohalla- Gudrai Bazar, Ward No.20, P.S.- Town, District- Samastipur.

... ... Petitioner/s Versus

1. The State of Bihar through the Secretary, Urban Development and Housing, Govt. of Bihar.

2. The Collector, Samastipur.

3. Municipal Corporation, Samastipur, through Nagar Aayukta Municipal Corporation, Samastipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Sanjay Kumar Singh For the Respondent/s : Mr.Lalit Kishore (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 11-05-2022

Heard the learned counsels for the parties.

2. In the present petition, petitioner has prayed for

following reliefs:-

"1. That this is an application for issuance of a writ in the nature of Certiorari for quashing the order contained in Memo No. 1815 dated 08.06.2021 as contained in Annexure-7 issued under the signature of respondent no. 2 whereunder and whereby a punitive order of transfer has been passed by which the petitioner was removed from the post of Head Clerk cum accountant and directed to join in the District Establishment office of the Collector within 24 hours and also for quashing the order dated 15.06.2021 as contained in Memo no. 1881 Annexure- 12 issued under the signature of the Collector by which the petitioner was directed to join as Head Clerk cum accountant at Singhiya Block. The orders were passed completely against the rule of law in violation of the natural justice as well as without Patna High Court CWJC No.12090 of 2021 dt.11-05-2022

jurisdiction."

3. During pendency of the present petition the

petitioner was once again re-transferred to Singhiya on 30 th June,

2021 and the petitioner has no grievance against such arrangement

made on 30th June, 2021. Therefore, present petition do not survive

for consideration.

4. At this stage, learned counsel for the petitioner

submitted that petitioner is entitled to certain monetary benefits

during intervening period from the date of first transfer order dated

08.06.2021 till 30th June, 2021. In this regard, petitioner is hereby

directed to submit a detailed representation to the competent

authority in seeking monetary benefits (salary and other benefits).

If such representation is submitted within a period of four weeks

from today, the concerned authority shall examine and pass

suitable order in extending monetary benefits in accordance with

law within a period of one month from the date of receipt of

petitioner's representation.

5. With the above observations, the present

petition stands disposed of.

(P. B. Bajanthri, J) rakhi/-

AFR/NAFR
CAV DATE
Uploading Date          16.05.2022
Transmission Date