S.J.MUKHOPADHYA, J. - (1.) THIS writ petition was preferred by the petitioner against the order of transfer dated 28th October, 2000 alleging mala fide against the 5th respondent, Bihari Lal Mandal, Assistant Commissioner of Excise, Singhbhum East. The order of transfer was stayed by this Court on 8th November, 2000 and the matter remained pending.
(2.) DURING the pendency of the writ petition, new State of Jharkhand created in pursuance of Re -organisation of State Act, 2000 and the district (of Madhepura) where the petitioner was transferred now falls under the State of Bihar. The counsel for the State rightly pointed out that the order of transfer was issued prior to Re -organisation of State (15th November, 2000), when it was well within the jurisdiction of the Excise Commissioner, Government of Bihar, Patna.
(3.) SO far as mala fide, as alleged is concerned, nothing specific pleaded by petitioner or evidence, brought on record, to bring home the charges. Thus, the plea of mala fide against the 5th respondent in the matter of issuance of impugned order of transfer cannot be accepted.;