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Patna High Court - Orders

Brajesh Kumar Ojha &Amp; Ors vs The State Of Bihar &Amp; Ors on 13 August, 2010

             IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CWJC No.11236 of 2010

1. BRAJESH KUMAR OJHA, S/O SHIV DUTT OJHA, VILLAGE KARJA,P.S.
SADAR , DISTRICT-MUZAFFARPUR.
2. SHIV KUMAR PRASAD SINGH, S/O SRI RAMANAND SINGH, VILLAGE
KESHOPUR,P.S. SIMARI,DISTRICT- BUXAR.
3. NARESH PASWAN, S/O RAM KHELAWAN PASWAN VILLAGE CHOTI KEWAI,
P.S. PHATUHA, DISTRICT-PATNA.
4. VIRENDRA KUMAR , S/O LATE BALI RAM PRASAD, VILLAGE+P.O. BARAKA
DUMRA, P.S. MUFFASIL,DISTRICT- BHOJPUR.
5. RAM PRAVESH SINGH (SL. NO.3) S/O LATE LAXMI YADAV, VILLAGE
LALIYADIH,P.O. LOHACHI, P.S. HAVELIKHARAGPUR, DISTRICT MUNGER.
6. RAM PRAVESH SINGH (SL. NO.2) S/O CHANDESHWAR SINGH, VILLAGE
DHARAMPUR, P.S. ATHAMALGOLA ,DISTRICT- PATNA.
7. ARUN KUMAR, S/O R.L. PRASAD, VILLAGE JHURIJHAR, P.S.
PAKARAWALI,P.S. PARAIYA,DISTRICT-GAYA.
8. AJAY SINGH, S/O LATE PASHUPATI NARAYAN SINGH, VILLAGE
RAHAMATPUR, P.S. TARAPUR DISTRICT- MUNGER.
9. VIKRAM SINGH, S/O LATE MUKHLAL SINGH, VILLAGE BINDGAMA ,P.S.
BADHAHARA,DISTRICT- BHOJPUR.
10. SUBODH KUMAR YADAV, S/O LATE LAXMI YADAV, VILLAGE LALIYADIH,
P.O. LOHACHI, P.S. RAVELIKHARAGPUR,MUNGER.
11. SHALIGRAM PANDEY, S/O C. PANDEY, VILLAGE HAJIPUR, P.O. HAJIPUR,
P.S. TOWN, DISTRICT- HAJIPUR VAISHALI.
12. SHEELA DEVI, D/O RAM CHANDRA MAHARAJ, VILLAGE DHAMAUN
,DISTRICT-SAMASTIPUR.
13. BANARAS KUMAR, S/O SARYUG PASWAN, VILLAGE + P.O. MALTI, P.S.
ARTHAWAN, DISTRICT- NALANDA.
14. RAMJI UPADHAYAY, S/O LATE KASHI NATH UPADHYAYA, VILLAGE
GOSAIPUR, P.O. PULIYAN , DISTRICT- BUXAR.
15. URMILA DEVI, D/O R.S.THAKUR, MOHALLA HAJIPUR, P.O. + P.S. HAJIPUR,
P.S. TOWN DISTRICT- HAJIPUR VAISHALI.
                                 Versus
1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY,GOVT. OF
BIHAR,PATNA
2. THE HOME SECRETARY,GOVT. OF BIHAR, PATNA.
3. THE I.G. PRISIONS, BIHAR,PATNA.
4. THE SUPERINTENDENT, ADARSH KENDRIYA KARA BAEUR PATNA.
5. THE SUPERINTENDENT, SAHEED KHUDI RAM BOSE, CENTRAL JAIL,
MUZAFFARPUR.
6. THE SUPERINTENDENT OF MANDAL, KARA, HAJIPUR.
                                -----------

02.   13.08.2010

Heard learned counsel for the petitioners and learned counsel for the State.

Learned counsel for the petitioners submits that the Jails in Bihar had been divided into eight 2 Central Prisons with Sub-Prisons, under them. The Sub-Jail at Hazipur where the petitioners were earlier posted comes under the Central Jail, Beur. The petitioners were transferred from Hazipur to Beur. Subsequently they have been transferred on 28.6.2010 by the Superintendent Central Jail, Muzaffarpur to a Sub-Jail under his jurisdiction. It is submitted that the order is therefore without jurisdiction.

Learned counsel for the State rightly submits that these are purely administrative issues to be resolved appropriately by the administrative authorities. Let respondent no.3 consider the administrative issue of transfer of the petitioners. It is made clear that this Court has not restricted the administrator in ay manner in the exercise of discretion for transfer and postings, and which remains open in its entirety should the appropriate authority come to the conclusion that it was necessary in administrative exigency to make the transfer.

Let the respondent no.3 take an appropriate decision on the issue within a maximum period of one month from the date of receipt/production of a copy of this order.

It shall remain open for the petitioners to seek interim directions from respondent no.3 in the 3 interregnum till the disposal of their representation.

The writ application stands disposed. 

P.K.                             (Navin Sinha, J.)