R K SINGH Vs. PHOOLMATI

JUDGEMENT

(1.) The learned Single Judge has, in the exercise of the jurisdiction under Article 226 of the Constitution, dismissed the writ petition as having been rendered infructuous on the ground that an order of transfer dated 26 November 2013 which was passed against the respondent has since been cancelled on 12 December 2013 in pursuance of the interim order dated 6 December 2013. The learned Single Judge has also held that as the order of transfer was passed by the appellant, who was the Chief Medical Officer, at the behest of a member of the Legislative Assembly without any independent application of mind, the Principal Secretary should pass an appropriate order for posting of the appellant at a place where she may not have to discharge independent duties.

(2.) The respondent was posted as a Staff Nurse at the Community Health Centre, Naraini, district Banda. A letter was addressed on 4 October 2013 by a member of the Legislative Assembly to the Chief Medical Officer stating that there were complaints from the patients about the conduct of the respondent and that she was not willing to work without accepting money. The elected representative recommended that the respondent be transferred to Jaspura. The Chief Medical Officer called for a report from the Additional Chief Medical Officer, Banda. In his report dated 26 November 2013, the Additional Chief Medical Officer found that there was substance in the grievances against the respondent. The records would, however, indicate that the Superintendent in his earlier report dated 20 November 2013 had not found any substance in the complaints against the respondent. In the subsequent report dated 26 November 2013, the Additional Chief Medical Officer, however, observed that the respondent was under the protection of the Superintendent as a result of which she was not rendering her duties satisfactorily. On 26 November 2013, the respondent was transferred to the Community Health Centre, Jaspura, which is situated within the jurisdiction of the same Chief Medical Officer.

(3.) The learned Single Judge passed an interim order of stay on 6 December 2013 following which the order of transfer was suspended pending further orders in the writ petition. The learned Single Judge held that in consequence the writ petition had been rendered infructuous and dismissed it as such. However, while dismissing the writ petition, the learned Single Judge held that a member of the Legislative Assembly is an outsider and so his complaint could not be considered as a command by the Chief Medical Officer, who was duty bound to independently apply her mind. Consequently, the Principal Secretary of the department was directed to look into the matter and to assign the respondent a place where she would not be required to discharge independent duties of a district level Officer as the appellant was not fit to hold any office independently.