NEELAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has approached this Court by way of intant writ petition seeking to challenge order dated 17.7.2020 passed by respondent No.2, whereby the deputation of the petitioner at Sub-Health Centre Dang, District Bhiwani from Sub-Health Center Obera, District Bhiwani has been declined.

(2.) In brief, the facts are that the petitioner was serving as Multi Purpose Health Worker at Sub-Health Center Obera, District Bhiwani. Her husband got registered FIR No. 66 dated 17.4.2020 under Sections 377/506/34/120-B IPC and Section 3 (2) (5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against certain persons for committing unnatural act with the son of the petitioner. Apprehending threat at the hands of the accused nominated in the said FIR, the petitioner made a request for her transfer on 15.6.2020 to some other Sub-Health Center. The request of the petitioner was accepted and she was transferred to Sub-Health Center Dang, District Bhiwani, against a vacant post from 3.7.2020 to 2.8.2020 by order dated 2.7.2020 passed by the Deputy Civil Surgeon, Bhiwani. Pursuant to the said letter, she joined at Sub-Health Center Obera, District Bhiwani. However, the said deputation has been rejected by order dated 17.7.2020. Aggrieved against the said order, the instant writ petiton has been filed.

(3.) Learned counsel for the petitioner herein would contend that both Sub-Health Center Obera, where the petitioner was initially appointed and Sub-Health Center Dang, where she has been transferred, fall under the administrative control of the Chief Medical Officer, Bhiwani, and therefore, order dated 17.7.2020 ought to be set aside and she be permitted to continue work at Sub-Health Center Dang, District Bhiwani.