MAYA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petition has been preferred against the order of the West Bengal Administrative in OA-2359 of 2006. The application filed by the Petitioner has been dismissed on the ground that the Petitioner had suppressed material facts and had not approached the Court with clean hands. The Petitioner was working as a Female Health Worker at the Dhadinga Sub-Centre under Taldangra Block Primary Health Centre, District-Bankura. An order of transfer was issued on 14th September, 2005 which was a general order of transfer of Health Assistant (Females). By this order the Petitioner was transferred from the Dhadinga Sub-Centre to Bankadaha Sub-Centre in the Radhanagar Block Primary Health Centre. Initially the Petitioner objected to the order of transfer. However, soon thereafter as the Respondents had not agreed to retain her in Dhadinga, she approached them through her advocate on 25th November, 2005 for issuance of a release order from Dhadinga so that she could join at Bankadaha.

(2.) As there was no response from the Respondents, the Petitioner preferred OA-3173 of 2005 before the Administrative Tribunal. By an order of 16th March, 2006 the Tribunal directed the Director of Health Service (Nursing), Government of West Bengal to treat the Original Application filed before the Tribunal as a representation of the Petitioner and to pass a reasoned order after affording a personal hearing to the Petitioner.

(3.) Accordingly, the Deputy Director of Health Services (Nursing), West Bengal passed an order in June, 2006. In this order the Deputy Director of Health Services (Nursing) has stated that since the Petitioner had, after a few days from the order of transfer, requested permission to continue at Dhadinga, there was no need to consider her application for releasing her from Dhadinga (Old) Sub-Centre.