Patna: The Patna High Court has dismissed a petition filed by former MLA Ritlal Yadav challenging his transfer from one prison to another, ruling that the order was legally valid and properly authorised.
In its judgment, the court said that an administrative order cannot be deemed unlawful merely because it bears the signature of a subordinate official, so long as it has been approved by the competent authority.
The case concerned an order issued on October 30,2025 by the Assistant Inspector General (Prisons and Correctional Services), Bihar, extending by six months an earlier directive to transfer Yadav from Beur Central Jail in Patna to Bhagalpur Special Central Jail. The extension followed recommendations from the district magistrate and the senior superintendent of police in Patna.
Appearing for the petitioner, senior advocate Rajiv Kumar Verma argued that under the Bihar Jail Manual, 2012, and the Prisoners Act, 1900, only the inspector general of prisons has the authority to issue such orders. He contended that the assistant inspector general had exceeded his jurisdiction and that the order should therefore be set aside.
The court, however, found that the transfer order had been approved by the inspector general of prisons, with the assistant inspector general acting only as the channel of communication. It held that this did not amount to an improper delegation of powers.
The bench also noted that the decision had been taken on grounds of law and order and prison security, and found no evidence of arbitrariness or misuse of authority.
Dismissing the plea, the court concluded that the petition was without merit.
