SAROJ SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri A.B.L., Gour, Senior Advocate assisted by Sri Saurabh Gour, Learned Counsel for petitioner and learned Standing Counsel. With the consent of the parties, the petition is being finally heard at this stage without even calling for a counter affidavit in view of the fact that the Standing Counsel has obtained instructions, which are sufficient for its disposal.

(2.) UNDER challenge in the present writ petition is the transfer order of the petitioner dated 18.10.2007. According to learned Counsel for petitioner the aforesaid transfer order has been passed on I he dictates of the District Magistrate who has no authority under law to direct for transfer of an employee of the medical department. He further submits that the aforesaid order has been passed to harass the petitioner as her husband belongs to a political party other than the party in power in State of U.P.

(3.) HOWEVER , the fact remains that the Chief Medical Officer without verifying the facts and finding any substance in the aforesaid complaint alleged to have been made by the District Magistrate, without application of his independent mind, has passed the impugned transfer order simply because the District Magistrate happens to be a superior authority. The transfer order is completely silent and does not indicate any reason for transferring the petitioner. It also does not even state that the petitioner has been transferred in any administrative exigency.