RAJESH KUMAR SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has approached this Court impugning the order dated 23.08.2013 (Annexure P -3) vide which the petitioner stands transferred from CHC Chaurmastpur (Ambala) to CHC Firozpur Jhirka (Mewat).

(2.) IT is the contention of the counsel for the petitioner that the petitioner has not been transferred because of some administrative reasons as has been sought to be projected in the order rather his transfer is based upon a note submitted by one Shri Akram Khan, M.L.A. from Yamunanagar. He contends that the transfer is based upon the fact that one Smt. Rinki Khan is also working as a Laboratory Technician alongwith the petitioner and because of her work being not satisfactory as the reports submitted by her were not found to be correct as there were mistakes found during the period January 2011 to December 2012. Explanation from her was sought for and in this regard, a communication dated 30.01.2013 (Annexure P -4) was sent by the Senior Medical Officer, C.H.C. Chauramastpur, District Ambala to the Civil Surgeon, Ambala. Thereafter, vide letter dated 12.02.2013 (Annexure P -5), Senior Medical Officer sent a detailed position with regard to her work and copy of which was sent to the Deputy Civil Surgeon (Malaria) Ambala. On this basis, the explanation was called for. Gulzar Singh Khan, father of Smt. Rinki Khan threatened the then Senior Medical Officer and in this regard, a complaint regarding receipt of threats from Gulzar Singh, father of Smt. Rinki Khan was sent by him to the Civil Surgeon, Ambala vide letter dated 12.02.2013 (Annexure P - 5). The complaint was given to the police in which the father of Smt. Rinki Khan accepted the contents of the complaint to the correct and apologies for the same.

(3.) COUNSEL contends that on misunderstanding that these reports are initiated at the instance of the petitioner against Smt. Rinki Khan, father of Smt. Rinki Khan who is an Inspector in the Agriculture Department, had approached M.L.A. Shri Akram Khan who on a note has called for the transfer of the petitioner which became the basis for his transfer. He, thus, contends that the transfer of the petitioner is based upon the extraneous consideration and cannot sustain. It has further been suggested that the wife of the petitioner is working as a Nurse in Government Medical College Hospital, Sector 32, Chandigarh. Petitioner's mother is taking regular treatment from the Medical College Hospital Chandigarh and is of old age suffering from Oesto -arthritis with Hypertension and, therefore, she requires him to take care of her. His children are studying in Ambala and daughter is in K.G. standard. On this basis, it has been prayed that the order of transfer dated 23.08.2013 (Annexure P -3) deserves to be quashed.