VANDANA SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE petitioner, by means of this writ petition, has challenged her transfer from Community Health Center, Baldwara to Referral Hospital, Sarkaghat, District Mandi, which is at a distance of 20 kilometers, only on the ground that she being a contractual employee could not have been transferred within five years. It has come on record that earlier also the petitioner was employed with the Rogi Kalyan Samiti and she has by now spent about four years at Baldwara. Normally, contractual employees are not transferred. But, according to the State, transfer of the petitioner was necessitated due to the fact that some complaint was made against her by the villagers and also by the Block Medical Officer, Dr. Narender Kumar. With the reply only the complaint of the Doctor has been annexed, but the complaint of the villagers has not been annexed.

(2.) BE that as it may, without impleading Dr. Narender Kumar as a party, we cannot give any finding that the complaint filed by him is false. The petitioner, despite opportunities granted, has not impleaded Dr. Narender Kumar as a party. Therefore, we cannot grant any relief to the petitioner and without going into the merits of the allegations one way or the other, we reject the petition on this ground.

(3.) WE , therefore, direct the Principal Secretary (Health) to the Government of Himachal Pradesh to personally inquire into the matter. He shall verify the complaints made by both sides and if it is found that both the Doctors are leveling false allegations against each other, then they shall both be posted to two separate places at a distance of at least 100 kilometers from Baldwara. The writ petition is disposed of in the aforesaid terms. No order as to costs.