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2015 DIGILAW 1035 (JHR)

Suresh Yadav v. State of Jharkhand

2015-09-02

APARESH KUMAR SINGH

body2015
JUDGMENT : Heard learned counsel for the petitioner and the State. Private respondent was issued notice. Despite personal service of notice effected by the petitioner in support of which affidavit has also been filed on 10.08.2015 and the matter having been adjourned on the previous date for his appearance, no one has entered appearance on behalf of the said respondent. The matter is, therefore, being heard and decided today. Petitioner has approached this Court being aggrieved by his transfer from Community Health Centre, Chatra to Community Health Centre, Hunterganj vide order dated 22.05.2015. He is working on the post of Computer. It is stated that he has not completed normal three years tenure and was posted only for 10 months in the said place. It was also urged on his behalf that impugned transfer order has been issued only to accommodate the private respondent. This contention of the petitioner appears to be substantiated by the counter affidavit filed by the respondent no. 4, Civil Surgeon-cum-Chief Medical Officer, Chatra, who at paragraph-10 categorically states that wife of the private respondent made a representation before the Hon'ble Minister, Health Department, Government of Jharkhand making a request for transfer of her husband, who was posted as a Computer in Community Health Centre, Itkhori on the ground of education of her children, Annexure-A. The said recommendation was forwarded to his office, whereupon the impugned order of transfer has been issued posting the respondent no 6 from Community Health Centre, Itkhori to Community Health Centre, Chatra while the petitioner has been transferred from the same place i.e. Community Health Centre, Chatra to Community Health Centre, Hunterganj. It is also stated in their counter affidavit that upon an order of status quo passed on 26.06.2015 by the Hon'ble Court in the instant case, the respondent-Civil Surgeon-cum-Chief Medical Officer, Chatra has stayed the order of transfer of the petitioner as well as the respondent no. 6. Having heard learned counsel for the parties and having considered the relevant materials on record, it is not difficult to arrive at a conclusion that the impugned transfer order has been effected acting upon the representation of the wife of the respondent no. 6 and also simply upon an endorsement of PS to Hon'ble Minister of Health. 6. Having heard learned counsel for the parties and having considered the relevant materials on record, it is not difficult to arrive at a conclusion that the impugned transfer order has been effected acting upon the representation of the wife of the respondent no. 6 and also simply upon an endorsement of PS to Hon'ble Minister of Health. It, therefore, suffers from failure to comply established norms prevailing under the respondent-Department in the matter of transfer of such employees, which is done on the basis of decision of the Establishment Committee. Even from perusal of Annexure-C dated 12.06.2015 bearing Memo No. 1122, correspondence between Civil Surgeon-cum-Chief Medical Officer, Chatra and the Regional Deputy Director, Health Services, North Chhotanagar Division, Hazaribagh, it appears that this matter was not considered by the District Level Establishment Committee, but only instructions were obtained from the Deputy Commissioner, Chatra. In effect, the impugned order is actuated by irrelevant consideration, which were not germane to the decision making process. The impugned order dated 22.05.2015, therefore, cannot survive in the eye of law and it is, accordingly, quashed. The writ petition is allowed in the manner and to the extent indicated hereinabove.