Patna High Court

CIVIL APPEAL 15938 of 2025 on 29 October 1980

IN THE HIGH COURT OF JUDICATURE AT PATNACivil Writ Jurisdiction Case No.15938 of 2025

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Nilesh Kumar Himanshu Son of Sri Ashok Kumar Sah, R/o-Village-Tikthi,P.O.-Parasiyan, P.S.-Jagdishpur, Dist.-Bhojpur, at present Sub DivisionalProsecution Officer, District Prosecution Office, Lakhisarai, District-Lakhisarai.

... ... Petitioner/s

Versus

1.The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2.The Additional Chief Secretary, Home Department, Govt. of Bihar, Patna.

3.The Secretary, Home Department, Govt. of Bihar, Patna.

4.The Director of Prosecution, Directorate of Prosecution, Home Department,Government of Bihar, Patna.Government of Bihar, Patna.

5.The Principal Judge, Family Court, Araria 225-09-2025

... ... Respondent/s

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Appearance :For the Petitioner/s: Ms.Ankita Roy, AdvocateFor the Respondent/s: Mr.Vivek Prasad, GP-7 Mr.Aman Priyadarshi, Advocate

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR

ORAL ORDER

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

2. Learned counsel for the petitioner is permitted to add the Principal Judge, Family Court, Araria as Respondent no.5 in course of the day.

3. The present writ application has been filed seekingthe following relief:- For the issuance of writ of Mandamus or suchother writ/order/direction commanding the RespondentNos.2.3 and 4 for transfer of the petitioner from DistrictProsecution Officer, Lakhisarai to any Prosecution tusharika/- U

Office in the State of Bihar, as per "Sankalp No. C.S./m3-1016/80-3918 dated 29.10.1980 issued byGoverning Council Secretariat and Coordination ofGovernment of Bihar, published in 'Bihar Gazette ExtraOrdinary Ank No. 1043" and for policy and procedure ofPosting/ Transfer of Govt. Servant, as well asNotification no. 7/nya-206/97(Khand) Grih A dated21/April 2003. Notification no. 7/nya-206/97(Khand)Grih Adated 21/April 2003.

4. Respondent no. 4 is directed to consider the representation of transfer of the petitioner dated 09.04.2025(Annexure ‘P/6’) on the ground that the petitioner is kept at thepresent place of posting for the last 8 years and generally thepetitioner should be transferred after three years. Therepresentation must be decided by a speaking order within fourweeks by respondent no. 4.

5. The Principal Judge, Family Court, Araria isdirected to dispose of Matrimonial Case No. 476 of 2023 withinsix months. The Principal Judge will proceed ex-parte againstthe non-cooperating party.

6. This application stands disposed of.

(Sandeep Kumar, J)

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