JANAK RAJ Vs. STATE OF H.P.

JUDGEMENT

(1.) Aggrieved against the impugned office order dtd. 25/9/2023, whereby the petitioner has been ordered to be transferred from Civil Hospital, Gangath, District Kangra to Civil Hospital Bathri, District Chamba vice respondent No.3, the instant petition has been filed.

(2.) Petitioner has raised the grievance that he was posted at Civil Hospital Gangath on 2/9/2021 and his transfer within approximate period of two years without allowing him to complete the normal tenure is in violation of the Comprehensive Guiding Principles-2013 (for short, 'transfer policy). It has also been contended that respondent No.3 has always been able to manage his transfer to places of convenience. As per petitioner, he served the tribal area from 2017 to 2020, as he remained posted in Civil Hospital Bharmour. On 9/7/2020, petitioner was transferred from Civil Hospital Bharmour to Primary Health Centre, Kotla in District Kangra vice respondent No.3, who was ordered to be transferred to Civil Hospital, Bharmour. Instead of joining at Bharmour, private respondent got himself adjusted at Civil Hospital, Bathri in District Chamba. Not only this, he immediately got himself posted at Civil Hospital, Rehan in District Kangra on deputation. On 23/9/2023, respondent No.3 was relieved from Civil Hospital, Rehan to enable him to join at Civil Hospital, Bathri but within two days, he managed the impugned transfer order and got himself adjusted at Civil Hospital, Gangath in place of the petitioner. It has further been contended that private respondent has never served the tribal or hard area, which is one of the essential requirement of the transfer policy. It is alleged against respondent No.3 that he has been able to manage the impugned transfer order by intervention of political functionaries.

(3.) Respondent No.3 has filed his reply stating inter-alia that the petitioner is guilty of suppression of material facts. The instant petition was filed by the petitioner on 28/9/2023 and before that date, the petitioner stood relieved from Civil Hospital, Gangath and respondent No.3 had already joined. Petitioner intentionally and deliberately suppressed these facts in order to secure an interim order from this Court. It has also been alleged that after his transfer to Civil Hospital, Kotla on 9/7/2020, petitioner managed his transfer to Civil Hospital, Gangath within a period of less than one year. Petitioner could do so on the basis of a D.O. Note procured by him from political functionary. The distance between Civil Hospital, Kotla and Civil Hospital, Gangath is stated to be about 30 k.m. and on such basis, it is averred that the petitioner cannot take plea of short stay and the impugned transfer order being result of political manipulation.