A K BHARDWAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER was appointed by the Respondent as Medical Officer. He was posted at Rural Health Training Centre, New Delhi on 3rd July, 1986. Subsequently, vide order dated 20th June, 1997 of Respondent he was transferred to Dr. Ram Manohar Lohia Hospital, where he joined his duties on 15th July, 1997, as Medical Officer. In due course he assumed charge of chief Medical Officer.

(2.) VIDE order dated 7th October, 2008 Petitioner was transferred from dr. Ram Manohar Lohia Hospital to Government of National Capital territory of Delhi (GNCTD) in public interest. Vide order dated 14th october, 2008 he was relieved of his duties from Dr. Ram Manohar Lohia hospital with immediate effect to join GNCTD.

(3.) AGGRIEVED by his transfer Petitioner filed an Original Application bearing OA No. 2477/2008 before the Central Administrative Tribunal, principal Bench, New Delhi (for short referred to as "tribunal") alleging therein that his transfer order was passed with mala fide intention and be quashed being punitive. In the Central Health Services (CHS), there were two categories of doctors i. e. (a) regularly appointed doctors (b) doctors whose services had been regularized. Petitioner belongs to latter category. On account of disputes between the aforementioned different categories of doctors, Petitioner was transferred. As per the Petitioner transfer was arbitrary and there was use of colourable exercise of power by the respondent. Transfer was punitive and stigmatic. Petitioner's transfer would affect his promotion prospects. Transfer order was passed by the incompetent authority.