Patna High Court
Rajesh Kumar ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- BIBEK CHAUDHURI
Holding
The transfer order was procedurally infirm because it was made without a preliminary inquiry and under pressure from legislators, but the court did not overturn the order as the petitioner had already assumed the new posting.
Summary
The petitioner, an Executive Engineer in the Bihar Rural Works Department, challenged a transfer order dated 31‑01‑2025 that moved him from Kishanganj to Motihari, alleging that the transfer was punitive, made within six months of his previous posting, violated service rules, and was issued by an unauthorized officer. The respondents argued that the transfer was permissible under departmental policy, which allows transfers outside the annual June schedule for reasons such as promotion, work requirements, or pending complaints of corruption lodged by a sitting MP, a former MLA, and a private contractor. The court examined whether executive action could be based solely on such complaints without a preliminary departmental inquiry and whether the authority issuing the order was proper. It held that executive decisions must be free from pressure by legislators and that a transfer cannot be effected without at least a prima facie inquiry, rendering the order procedurally infirm. However, since the petitioner had already taken up his new posting and continued to serve, the court declined to set aside the transfer and disposed of the writ petition.
Issues considered
- Can an executive transfer order be issued on the basis of complaints made by a former MLA, an MP, or a private person?
- Does a transfer within six months of a previous posting violate the General Rules of Transfer?
- Is the transfer order punitive and therefore violative of service rules?
- Was the order validly issued by an officer authorized to act as Additional Chief Secretary?
Subjects
- transfer order
- executive action
- legislative complaint
- departmental inquiry
- service rules
- punitive transfer
- writ petition
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3030 of 2025
======================================================
Rajesh Kumar Choudhary S/o- Shri Dhar Chaudhary, Executive Engineer,
Rural Works Department, Govt. of Bihar, Permanent Address- Vllage-
Vikramsher, P.O.- Mauahi, P.S.- Babubarhi, District- Madhubani, Pin-
847224.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary,
Vishweshwarayya Bhavan, Rural Works Department, Patna Pin- 800013.
2. The Special Secretary, Vishweshwarayya Bhavan Rural Works Department,
Patna Pin- 800013.
3. The Joint Secretary, Vishweshwarayya Bhavan, Rural Works Department
Patna- 800013.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhumay Madhup, Advocate
For the Respondent/s : Mr. Anuj Kumar, AC to GP-24
======================================================
CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL JUDGMENT
Date : 28-01-2026
The issue involved in the instant writ petition poses a
piquant question, which may be formulated in the following
words:- Can an executive order of transfer be made on the basis of
a complaint made against an employee of the State, forming part
of the executive, by a former Member of the Legislative Assembly,
or a Member of Parliament, or any private person?
2. The petitioner is an Executive Engineer in Rural
Works Department, Government of Bihar. He joined as an
Assistant Engineer in the Irrigation Department at Purnea in the
year 2018. In 2013, he was transferred to Vaishali as Assistant
Engineer in Rural Works Department. Subsequently in 2015, he
Patna High Court CWJC No.3030 of 2025 dt.28-01-2026
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was transferred to Dalsing Sarai to discharge his duty as Assistant
Engineer, RWD. He continued his service till 2020. In the year
2020, he was transferred to Khagaria. In 2022, he was promoted to
the post of Executive Engineer and posted at Patna. In June 2024,
he was posted as Executive Engineer, RWD at Kishanganj (II). By
an order dated 31.01.2025, the petitioner was transferred as a
Technical Advisor, Rural Works Department to the Superintending
Engineer at Motihari.
3. The said order of transfer is challenged by the
petitioner in the instant writ petition on the following grounds:-
(i) The impugned order of transfer was made within six
months from the date of his transfer at Kishanganj.
(ii) The impugned order is punitive.
(iii) By the said order of transfer, the petitioner replaced
an Assistant Engineer who used to work as Technical Advisor to
the Superintending Engineer. Therefore, the post of Assistant
Engineer was filed up by an Executive Engineer, viz., petitioner,
which is violative of General Rules of Transfer.
4. By filing a supplementary affidavit, the petitioner has
also challenged the impugned order of transfer on the ground that
it was not issued by the Additional Chief Secretary, Rural Works
Department, Bihar but by an officer who was in-charge of
Patna High Court CWJC No.3030 of 2025 dt.28-01-2026
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Additional Chief Secretary of the said Department. The writ
petition was challenged by filing counter-affidavit on behalf of
respondent nos. 1 to 3.
5. Paragraph nos. 8 to 11 of the counter-affidavit speak
about the case of the respondents which are reproduced below:-
“8. That at the outset it would be
relevant to mention here that vide Resolution
letter No. 28/2006/434 dated 01/03/2007
issued by the Cabinet Secretariat and
Coordination Department, Bihar certain
policy and procedure have been determined
regarding transfer and posting of the
employees of the State Government, Clause-
1(क) of the said Resolution clearly postulates
that in general the transfer and posting shall
be made once in a year in the month of June of
the said year, but under certain circumstances
such as promotion, in the interest of work and
administrative reason the transfer can be
made at any point of time.
9. That it would be extremely
pertinent to bring to the notice of the Hon'ble
Court that only during the tenure of six months
of the posting of the petitioner, the department
has received three complaints against the
petitioner making allegations of corrupt
practice, demand of bribe and manipulations
in the disposal of Tender under Work Division-
Patna High Court CWJC No.3030 of 2025 dt.28-01-2026
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Kishanganj-2, the copies of the complaints
dated 18/01/2025, 21/10/20204 and
02/10/2024 are being produced for kind
consideration of the Hon'ble Court.
10. That pursuant to the aforesaid
complaints the Joint Secretary, Rural Works
department, Bihar vide his letter No. 1213
dated 13/01/2025, letter No. 403 dated
10/01/2025 and letter No. 27751 dated
25/10/2024 respectively has made request to
the Chief Engineer-4, Rural Works
Department, Bihar to conduct an enquiry
regarding complaints and allegations made
against the petitioner and submit the enquiry
report thereof.
11. That it is apparent from the
above delineated facts that the petitioner has
been transferred from Work Division-
Kishanganj-2 in the interest of better execution
of work under work Division- Kishanganj-2.”
6. It is contended by the learned Advocate for the
respondents that in Rural Works Department annual transfer is
made once in a year, generally in the month of June. However, in
case of promotion or for the interest of work and administrative
reason, a person can be transferred from one place to another.
7. It is also submitted by the learned Advocate on behalf
of the respondents that the higher authority of the petitioner
Patna High Court CWJC No.3030 of 2025 dt.28-01-2026
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received as many as three complaints, one from a sitting M.P.,
another from a former MLA and, the third one from a private
contractor, alleging corruption against the petitioner, therefore, in
all fitness of the matter, the concerned authority thought it fit to
transfer the petitioner from Kishanganj to Motihari. The order of
transfer was not punitive rather it is corrective in nature.
8. Having heard the learned counsels for the parties, it
appears to this Court that the executive branch of the State
transferred the petitioner on the basis of some complaints made by
people’s representatives and contractor. On being asked, it is
submitted by the learned Advocate on behalf of the respondents
that a departmental inquiry is in progress to find out the veracity of
the said complaints.
9. I am constrained to note that executive action must be
independent and free from any pressure from people’s
representatives. If an officer is transferred from one place to
another on the basis of a complaint made by an MLA or an M.P.,
this will mean that out of three pillars of democracy, two pillars,
viz., Legislature and Executive are run by one and identical group
of persons and executive officers dance like puppets at the
movement of finger by the people’s representatives. This is not the
constitutional scheme of this country. At the same time, an
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executive authority is empowered to take necessary action against
an employee of a particular department if there are allegations of
corruption against him provided such allegations are at least prima
facie proved. Here the inquiry is going on. The executive
authority/transferring authority issued the order of transfer on
31.01.2025 without receiving the preliminary inquiry report.
Therefore, I am of the view that the impugned order of transfer is
not at all happy. At the same time, I am not unmindful to note that
the petitioner has already joined his new place of posting. He has
been working for about one year at Motihari as Technical Assistant
to Superintending Engineer. At this juncture, when the matter has
already been complied with, this Court is not inclined to unsettle
the order of transfer by passing any prerogative writ.
10. With the above observation, the instant writ petition
is disposed of.
(Bibek Chaudhuri, J)
suraj/-
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