PATNA, India, July 9 -- Patna High Court issued the following judgment on July 4:

In the instant petition, petitioners have prayed for the following reliefs:

(i)for issuance of an appropriate writ in the nature of CERTIORARI for quashing the office order dated 04.09.2023 passed by the respondent no.3 and contained in his memo no.1007 dated 04.09.2023 whereby and where under the respondent no.3 was pleased to transfer the petitioners on administrative ground as follows:-

(a)The petitioner no.1 from Public Health Division, Bettiah to Public Health Division, Bhagalpur East. b) The petitioner no.2 from Public Health Division, Purnea to Public Health Division, Gaya. (c) The petitioner no.3 from Public Health Division, Gaya to Public Health Division, Purnea. (d) The petitioner no.4 from Public Health Division, Purnea to Public Health Division, Bettiah and (e) The petitioner no.5 from Public Health Division, Bettiah to Public Health Division, Purnea.

On the ground that the post of Clerks/Accounts Clerk are the Circle Cadre but contrary to that the Respondent no.3 had transferred the petitioners from one Circle to another Circle as also contrary to the letter no.1243 dated 08.10.2014 which clearly provides that on the administrative ground, if the charges have been framed against the government servants then after taking their show-cause, the action is being taken against them for imposing punishment and not for their transfer.

(ii)Consequent upon issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to post the petitioners to their earlier place of post from where they have been transferred to the present place of posting pursuant to the impugned order. (III) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioners would be found entitled under the facts and circumstances of the case."

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjMTcyMTYjMjAyMyMxI04=-SYv2akJB4xM=

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