Created by Fuzzy Cloud

Patna High Court

Priyanka ShyamalversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that the transfer was lawful and dismissed the writ petition.

Summary

Petitioner Priyanka Shyamal, a Range Officer of Forest, filed a writ petition challenging Office Order No.12.1 dated 30‑06‑2025 which transferred her from Sherghati Forest Range (Gaya Division) to Areraj Forest Range (Motihari Division) and also transferred her husband. She sought a certiorari to quash the order, contending that the transfer violated a Government Resolution (letter No.434 dated 01‑03‑2007) which bars any further transfer within six months of her posting in February 2025. The State argued that the transfer was made in accordance with law and in the interest of posting husband and wife at nearby locations. The Court examined the validity of the transfer order and the applicability of the resolution, and concluded that the government’s decision was lawful. Consequently, the petition was dismissed, with the State directed to ensure the petitioner’s salary is paid within six weeks and any interlocutory applications also dismissed.

Issues considered

  • Whether the transfer order violates the Government Resolution dated 01‑03‑2007 restricting transfers within six months of posting.
  • Whether the Court can issue a writ of certiorari to quash the Office Order No.12.1 dated 30‑06‑2025.
  • Whether the petitioner is entitled to relief regarding salary payment pending the transfer.

Subjects

  • transfer
  • government resolution
  • certiorari
  • writ petition
  • administrative law
  • forest department
  • salary
  • posting

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.10837 of 2025
                 ======================================================
                 Priyanka Shyamal daughter of Sri Nagendra Prasad and Wife of Sri Amar
                 Kumar, resident of Hathwa Enclave, Ramjee Chak, Digha, Opposite Petrol
                 Pump, Bataganj, Patna, P.S. Digha District- Patna, presently posted as Range
                 Officer of Forest, Sherghati Forest Range of Gaya Ji Forest Division, District-
                 Gaya.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
           2.    The Principal Secretary, Department of Forest, Government of Bihar, Patna.
           3.    The Principal Chief Conservator of Forest, Bihar, Patna.
           4.    The Divisional Forest Officer, Gayaji Forest Division, Gaya, District- Gaya.
           5.    Nitikesh Kumar, Son of not known to the petitioner, Presently posted as
                 Range Officer of Forest, Sahebganj, Forest Range of Tirhut Division,
                 Muzaffarpur, District- Muzaffarpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Kumar Manglam, Advocate
                 For the State           :        Mr. Prashant Pratap, GP-2
                                                  Mr. Shadwal Harsh, AC to GP-2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   26-03-2026                     Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 2. Learned counsel for the petitioner submits that the

                   present writ petition has been filed for the following reliefs:-

                                                       (i) For issuance of an appropriate
                                             writ in the nature of CERTIORARI for
                                             quashing the Office Order No.12.1 dated
                                             30.06.2025 issued under memo no.1434
                                             dated 30.06.2025 whereby and where under
                                             the Respondent no.3 has been pleased to
                                             transfer the petitioner from her present place
Patna High Court CWJC No.10837 of 2025(3) dt.26-03-2026
                                            2/3




                                  of posting i.e. from Sherghati Forest Range
                                  under Gaya Ji Forest Division to Areraj
                                  Forest     Range         under     Motihari     Forest
                                  Division and her place Respondent no.5 has
                                  been transferred.
                                              (ii) For a declaration that since
                                  the petitioner has joined Sherghati Forest
                                  Range under Gaya Ji Forest Division
                                  recently in February, 2025 in view of her
                                  transfer from Headquarter where she was
                                  waiting     from        posting,   vide    an   order
                                  contained in memo no.112 dated 24.01.2025
                                  in view of the provisions contained in the
                                  Government Resolution contained in letter
                                  no.434 dated 01.03.2007, there was no
                                  occasion for the Respondents to transfer the
                                  petitioner once again within six months of
                                  his joining at Sherghati Forest Range.
                                              For         issuance    of    any    other
                                  appropriate writ / writs, order / orders
                                  direction/ directions for which the writ
                                  petitioner would be found entitled under the
                                  facts and circumstances of the case.


                      3. Learned counsel for the State submits that a

          counter-affidavit and a supplementary counter-affidavit has been

          filed in this regard.

                      4. After hearing the parties and going through the
         Patna High Court CWJC No.10837 of 2025(3) dt.26-03-2026
                                                    3/3




                   counter-affidavit, it transpires to this Court that the decision of

                   the Government has been taken in accordance with law,

                   whereby both husband and wife shall preferably be posted at

                   nearby places.

                               5. In this view of the matter, the present writ petition

                   stands dismissed.

                               6. The State is hereby directed to do the needful

                   within six weeks so that there may be no hindrance in the

                   payment of salary of the petitioner.

                               7. Accordingly, the interlocutory application(s), if any,

                   also stands dismissed.



                                                                   (Dr. Anshuman, J.)
Aman Kumar/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.