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High CourtsDivision Bench(2016) 12 PAT CK 0017

Rajesh Kumar vs The State of Bihar

Patna High Court · Decided on 5 December 2016 · Citation: (2017) 1 BBCJ 327 : (2017) 1 PLJR 175

HON’BLE JUDGES
Hemant Gupta, ACJ. and Vikash Jain, J.
RESULT
Dismissed
CASE NUMBER
Civil Writ Jurisdiction Case No.20780 of 2014

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Judgment

4 paragraphs · 203 words

Hemant Gupta, ACJ.(Oral) - The challenge in the present petition filed in public interest is to the Notifications dated 08.08.2014, 13.08.2014 and 25.08.2014 whereby, certain Engineers, such as Assistant Electrical Engineers, Additional Assistant Electrical Engineers and Junior Electrical Engineers, working in the Energy Department, have been posted in the Building Construction Department.

2.

The petitioner has invoked the jurisdiction of this Court in public interest with the averments that he has no direct or indirect interest in the case.

3.

The fact remains that the challenge is to the transfer of certain officers from one Department to another under the State Government. Therefore, the dispute in the public interest litigation pertains to service matter of the employees of the State Government. It appears to be proxy litigation on behalf of the persons, who have been transferred from one Department to another. The aggrieved persons have individual rights to challenge the same. They do not belong to a section of society, who are illiterate and without means.

4.

Therefore, the present public interest litigation in service matter is dismissed relying upon the judgment of this Court in CWJC No.21601 of 2014 (Samrendra Kumar Sudhansu v. The State of Bihar & Ors.) decided on 21.11.2016.