LAWS(GJH)-2019-5-130

MAHESHKUMAR PURSHOTTAMBHAI KAPADIA Vs. STATE OF GUJARAT

Decided On May 02, 2019
Maheshkumar Purshottambhai Kapadia Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Heard learned advocate for the appellant.

(2.) This appeal under Clause 15 of Letters Patent Appeal is preferred against CAV order dated 27.3.2019 passed by learned Single Judge in Special Civil Application No.5951 of 2018 wherein challenge is to the order of transfer dated 4.4.2018 passed by the Joint Secretary, Health and Family Welfare Department, transferring the petitioner from Civil Hospital, Ahmedabad to Government Hospital, Savarkundla, District: Amreli, came to be challenged and after adverting to factual scenario and submissions made by learned advocates appearing for the parties, learned Single Judge negatived the contention with regard to malafide exercise of power and any vindictive action on the part of the respondent authorities.

(3.) It was contended before learned Single Judge that transfer of the petitioner was contrary to Resolution dated 25th November, 2005 of the State Government. In the facts of the present case it was contended before learned Single Judge that the order impugned dated