RAJIB KR. BHATTACHARYYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Primarily, an order of transfer is the subject-matter of challenge in the present writ petition. Facts to be noticed are that vide Notification dated 02.01.2016 and in pursuance of recommendation made by the Selection Board, the petitioner was appointed as Superintendent and posted at Jorhat Medical College Hospital, Jorhat. By subsequent Notification dated 21.09.2016, he was transferred and posted at Assam Medical College, Dibrugarh against the vacant post at T.B. & Chest Department and allowed to work as Professor of Anesthesiology Department. On the same date, another Notification was issued, whereby the Respondent No.5, who is an Assistant Professor of Physiology Department, Jorhat Medical College Hospital, Jorhat was allowed to hold the current charge of Superintendent of Jorhat Medical College Hospital. These two Notifications are assailed in the present writ petition.

(2.) Mr. A. Narzary, learned counsel representing the petitioner submits that the transfer order is violative of the provisions under the Assam Medical Education Service Rules, 2008 (hereinafter called Rules of 2008). The pin-pointed challenge is that by selection from the post of Professor he was appointed as Superintendent and being now relegated to the post of Professor, the same operates as a demotion from his substantive post. Referring to sub-rule (2) of Rule 12 of the Rules of 2008, it is contended that only those members of the service holding the post of Professor and having completed total 10(ten) years of service after Post Graduate Degree and with a recognized Degree in Hospital Administration are made eligible for the post of Medical Superintendent. The petitioner having been so appointed by selection and on recommendation of the Selection Board, therefore, could not have been transferred and posted in the rank of Professor. Mr. Narzary by making reference to the affidavit-in-opposition filed by the State respondents submits that, in fact, the transfer order was the fall-out of complaints made against the petitioner in his capacity as Superintendent of Jorhat Medical College Hospital. According to the petitioner, the allegations of harassment meted out to two lady staff, his lack of interest in taking care of the patients, allotment of car parking business in front of the Casualty Ward to a local firm without prior approval of the higher authorities and without following due procedure for such allotment, his inability to manage Ward Boys and Nursing Staff for patient care, are all unfounded. According to the petitioner, the transfer order was neither issued in public interest nor in exigency of service but on baseless allegations of inefficiency, unsatisfactory performance and misbehaviour. That being so, it is contended that the impugned transfer order was issued as a punitive measure.

(3.) Challenge to the second Notification of like date i.e. 21.09.2016 is made on grounds that the Respondent No.5 being an Associate Professor and not having undergone any selection could not have been allowed to hold the current charge of Superintendent of Jorhat Medical College Hospital, Jorhat. Contention made is that the Notification in favour of the Respondent No.5 have been issued with mala fide intention and for achieving collateral gain.