Patna High Court
Rameshwar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court did not entertain the writ petition on its merits but directed the petitioner to file a representation before the Director General of Police for consideration of his health‑related transfer request.
Summary
Petitioner Rameshwar Paswan, a Sub‑Inspector, filed a writ petition seeking quashing of a memo that incorrectly listed him as an Inspector and transferred him from Patna to Khagaria, and also seeking to set aside his subsequent adjustment as Sub‑Inspector in Khagaria. He pleaded that the transfer caused hardship as both he and his wife suffer from serious illnesses requiring treatment in Patna and requested a transfer back on humanitarian grounds. The Court, after hearing counsel, declined to rule on the merits of the transfer or the correctness of the memos, and instead directed the petitioner to file a representation before the Director General of Police within 30 days, seeking relief on health grounds. The DGP was further instructed to decide the representation within 90 days. The judgment makes clear that the Court has not applied its mind to the substantive issues and leaves the decision to the administrative authority.
Issues considered
- What is the legality of the transfer of the petitioner from Patna to Khagaria as per Memo No.‑58?
- Whether the adjustment of the petitioner as Sub‑Inspector in Khagaria under Memo No.‑1287/Ra.Ka is valid.
- Whether the petitioner is entitled to a transfer back to Patna on the grounds of his and his wife's health conditions.
- Whether the court should quash the administrative memos or direct the filing of a representation.
Subjects
- transfer
- police service
- writ petition
- health grounds
- administrative representation
- procedural direction
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8993 of 2025
======================================================
Rameshwar Paswan Son of Late Kameshwar Paswan Resident of Village-
Dev Nagar, Uchirma, P.S.- Sherghati, District- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. D.G. of Police, Bihar, Patna.
3. Additional Director General, Bihar, Patna.
4. Inspector General (Head Quarter) Bihar, Patna
5. Senior Superintendent of Police, Patna.
6. Superintendent of Police, Khagaria
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shruti Sinha, Advocate
For the Respondent/s : Mr. Standing Counsel (18)
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The present writ petition has been filed for the
following reliefs:-
“For issuance of an appropriate
writ order or direction for quashing Memo
No.-58 dated 25.01.2024 issued by Inspector
General (Head Quarter) Bihar, Patna to the
extent where in at Appendix-1 Serial No.-90
petitioner who is sub-Inspector as police has
been mentioned wrongly as Inspector and
has been transferred from Patna to Khagaria
district as the same is illegal i.e. Annexure-
Patna High Court CWJC No.8993 of 2025(2) dt.05-05-2026
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P/1 and also for quashing Memo No.-
1287/Ra.Ka dated 03.05.2024 issued by S.O.
Khagaria where by petitioner has been
adjusted on the vacant post of Sub-Inspector
with effect of 30.04.2024 i.e. his date of
joining in Khagaria district i.e. Annexure-
P/2 and for a direction to the respondents to
allow the petitioner to continue in Patna
District Force or for a direction to the
respondents to consider and decide the
representation of the petitioner dated
16.08.2024 i.e. Annexure-P/3 in which has
not been decided as yet in which he has
prayed for his transfer from Khagaria
district to Patna district force or any other
police unit in Patna on his and his wife
health ground both of whom are suffering
from several illness treatment of which is
going on in Patna, on medical or
humanitarian ground, or for any other order
or orders which this Hon'ble Court may
deem fit and proper under the circumstances
of this case.”
3. After some argument, counsel for the petitioner
submits that a direction may be given for consideration of his
case on sympathetic grounds, considering the illness of the
petitioner as well as his wife. Counsel further submits that he is
Patna High Court CWJC No.8993 of 2025(2) dt.05-05-2026
3/3
not pursuing the present writ petition by way of challenging his
transfer or subsequent adjustment.
4. Learned counsel for the State submits that a
direction for filing a representation may be issued.
5. Accordingly, the present writ petition stands
disposed of, directing the petitioner to file a representation
within 30 days from today before the D.G. of Police, Bihar,
Patna (respondent No. 2) for consideration of his case on the
ground of illness and sympathetic grounds. Upon receipt of the
same, respondent No. 2 is hereby directed to pass order on the
petitioner’s representation within 90 days thereafter.
6. It is made clear that this Court has not applied its
mind on the merits or demerits of the case.
7. It is also made clear that the Director General of
Police is free to take a decision in accordance with law and the
powers so vested in him.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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