NIRMAL BALHARA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner seeks a writ in the nature of certiorari for quashing order dated 2.2.2018 (Annexure P-3) whereby she has been transferred from Civil Hospital, Rohtak to Primary Health Centre, Dhand.

(2.) The submission of learned counsel for the petitioner is that the petitioner, who is a widow, was posted to the Civil Hospital, Rohtak in the year 2014. As per the transfer policy (Annexure P-4) dated 6.10.2004, a widow should be adjusted at the station opted for by her as far as possible. The petitioner has been posted out without seeking any option from her on the basis of a complaint dated 2.7.2015, in which allegations have been made that she is participating in political activities and the same is violative of the Service Rules. Thus, even if it is to be held that the petitioner has violated the Service Rules on account of participation in political activities, disciplinary proceedings could have been initiated against her. No order of transfer could have been passed in violation of the Policy (Annexure P4).

(3.) Learned State counsel argues that out of her total service, the petitioner has remained in District Rohtak for 22 years. She was posted to Civil Hospital, Rohtak in the year, 2012 and thus, her transfer on 2.2.2018 does not violate the transfer policy as it envisages transfer after 2 years. Moreover, the petitioner has violated the Service Rules by indulging in political activities and, therefore, the transfer order is justified.