K. Ramamoorthy, J (Oral ). ( 1 ) THE writ petitioner is a Doctor who was working in Badarpur Thermal Power Station (in short BTPS) for nearly about 12 years. In December 1995 the petitioner was transfered to Anta Rajasthan with immediate effect. He applied for modification of the transfer order on the ground that he was to undergo surgery. The respondents modified the order on 04. 04. 1996 and he was allowed to continue for six months. ( 2 ) ON 18. 11. 1997 the petitioner was again transferred to Anta Rajasthan. The stand of the petitioner was in two grounds; (1) there was no medical facilities available in the place of Anta and (2) the department (1st respondent) referred his representation against the order of transfer to the Chief Medical Officer against whome he made a complaint and some inquiry is pending against him and the Chief Medical Officer because the writ petitioner had made a complaint against him had recommended the rejection of the representation of the petitioner. ( 3 ) IN the application to vacate the stay the 1st respondent has stated in para 11 (c) stated that the medical facilities are available in Anata Rajasthan. Para 11 (c) reads as under: WITHOUT prejudice to the above, it is submitted that at Anta Gas Project, the Respondents have adequate medical facilities having 15 bedded hospital with five doctors and other necessary para-medical staff and infrastructure. These doctors include two specialists. It may not be out of place to mention that the Respondents have township of 1500 employees and dependents in Anta Gas Power Project who are provided medical facilities by the aforesaid hospital. Even otherwise, a large township namely, Kotah is hardly 50 KM away from Anta. Therefore, adequate medical facilities are available at the place of posting of the petitioner. ( 4 ) IN the application to vacate the stay the respondent has stated in para 11 (d) which reads as under: IT may further be significant to state that the petitioner is residing in Rohini which is about 35 KM from BTPS. Commutation of the petitioner from his residence to BTPS was adding to the stress and strain and hampering in discharge of his duties including night duties. In these circumstances, the petitioner was also allotted a first-floor flat in the BTPS township in November 1996.
Commutation of the petitioner from his residence to BTPS was adding to the stress and strain and hampering in discharge of his duties including night duties. In these circumstances, the petitioner was also allotted a first-floor flat in the BTPS township in November 1996. However, after staying there for about a month, the petitioner left the same, and went back to Rohini. It may not be out of place here that complaints were received regarding the petitioner s indulging in private practice at his company s leased residential accommodation. May be because of this reason, the petitioner did not want to stay in the flat allotted to him in BTPS township. There is a vigilance inquiry also pending against him into these aspects. ( 5 ) ACCORDING to the learned Senior counsel Mr. Sikri referring to the allegations in para (d) the petitioner was transferred not less than 70 KMs for coming and going to BTPS and it is not contended that the petitioner was finding a difficulty to do the work at Anta Rajasthan BTPS. Learned Senior counsel makes it clear that the allegation against the Chief Medical Officer need not be considered now in this writ petition. ( 6 ) HAVING regard to the position in law above the scope of powers of this court to interfere the petition, I do not find any merit in the claim of the petitioner that the order of transfer is bad in law. I do not want to deal with it on merits of the case of the petitioner and accordingly, the writ petition is dismissed. ( 7 ) LEARNED Senior counsel fairly stated that the period during which the petitioner has not joined the duty would be treated as leave and his salary and other benefits will be given to him as per law. The petitioner shall joint the duty within a week from today. ( 8 ) WRIT petition is dismissed. .