(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: