Patna High Court - Orders
Parmeshwar Mehra & Anr vs The State Of Bihar & Ors on 1 July, 2017
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12318 of 2016
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Parmeshwar Mehra & Anr
.... .... Petitioner/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha, Adv.
Mr. Jai Prakash Singh, Adv.
For the Respondent/s : Ms. Shilpa Singh, GA12
Ms. Abhanjalli, AC to GA12
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
2 01-07-2017Annexure 1 is a policy decision of the Road Construction Department bearing No. 2778(s) dated 25.3.2015, which inter alia reflects that the joint engineering cadre of the Road Construction Department was bifurcated to constitute an engineering cadre in the Road Construction Department/ Building Construction Department and Rural Works Department. The notification at paragraph 4 further provides for inter-cadre transfer in between Rural Works Department and the Building Construction Department on mutual consent for which respective applications are to be submitted to the respective Engineer-in-Chief and whose recommendation is to be considered by a Committee constituted in this regard.
According to the petitioners, the two petitioners, who belong to Rural Works Department and the Building Construction Patna High Court CWJC No.12318 of 2016 (2) dt.01-07-2017 2 Department respectively seeking inter-cadre transfer on mutual consent, filed their respective application before the Engineer-in- Chief cum Addl. Commissioner cum Special Secretary, Rural Works Department, Bihar, Patna and Engineer-in-Chief cum Addl. Commissioner cum Special Secretary, Building Construction Department, vide Annexures 2 and 2/A respectively. While Engineer-in-Chief cum Addl. Commissioner cum Special Secretary, Building Construction Department sent his recommendation to his counter part in the Road Construction Department vide Annexure 3, the Engineer-in-Chief cum Addl. Commissioner cum Special Secretary, Rural Works Department vide letter enclosed at Annexure 4 refused to grant consent and as a consequence the mutual inter-cadre transfer between the two petitioners herein could not take place. The refusal does not assign any reason.
According to Mr. Pankaj Kumar Sinha, learned counsel for the petitioners, the order of the Under Secretary, Rural Works Department impugned at Annexure 4 besides being bereft of reason, it is also not by a competent authority.
A counter affidavit is filed on behalf of the Rural Works Department and at paragraph 13 it is stated that since the number of work allotted to the petitioners is incomplete, that consent has Patna High Court CWJC No.12318 of 2016 (2) dt.01-07-2017 3 been refused.
The petitioner has filed his rejoinder and at paragraph 5 he denies that any work allotted to him remains incomplete.
Let the Engineer-in-Chief cum Addl. Commissioner cum Special Secretary, Rural Works Department substantiate its order present at Annexure 4 as to the reasons why he has refused for inter-cadre transfer and also give details of the work allotted to the petitioner which remains incomplete as per his statement made at paragraph 13.
Enabling the learned State Counsel to file affidavit, put up this matter on 13th July, 2017 in the same list.
(Jyoti Saran, J) Surendra/-
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