ASHISH VYAS Vs. STATE OF M P

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order Annexure P-1 whereby charge of District Tuberculosis Officer, Shivpuri was given to Dr. R.K.Jain, respondent No.4 herein. The brief facts necessary for adjudication of this matter are as under:-

(2.) THE petitioner has taken training, namely Post Graduate Diploma in Public Health Management, 2011 from State Institute of Health Management and Communication, Gwalior. Subsequently, the petitioner by order dated 20.9.2011 was posted as District T.B. Officer, Shivpuri. Alongwith petitioner, 35 other officers were posted at various places/posts by Annexure P-3. The petitioner promptly joined vide Annexure P-4 dated 25.9.2011 and thereafter performed the duties of T.B. Officer at Shivpuri. Various other charges were also handed over to the petitioner for which various documents are filed alongwith the petition.

(3.) THE singular question is whether the order Annexure P-1 is valid and justified. The case of the petitioner is that he was regularly posted vide Annexure P-3 as District T.B. Officer, Shivpuri and was continuing on the said post. The respondents presumed that the said post of T.B. Officer, Shivpuri is lying vacant and under that erroneous presumption, posted the private respondent herein. In reply, the respondents have stated as under:-