KAMLA VERMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The applicant has filed this Original Application against the impugned order dated 15.6.2005 contained in Annexure - ! A/4 whereby she has been transferred from Health Sub Centre Sandhu under Block Matiyana to Health Sub Centre Sharmala and in her palace respondent No.3 Smt. Indira Thakur has been adjusted. She alleged illegality and arbitrariness in the impugned order.

(2.) The applicant claims that she was transferred on her request to Sandhu on mutual basis vide Annexure -A/1 and she joined there on 2.2.2006. Now after a short spell tenure she has been transferred Sandhu to Sharmala. The replies filed by respondent department and respondent No.3, it has been stated that ever since appointment of the applicant, she has been posted within 20 Kms. She remained posted in Kelvi from 2.3.7.1997 to 21.2.2000 and Sandhu from 22.2.2000 to 24.3.2002 and then at Sarioum w.e.f. 25.3.2002 to 1.2.2005 and at Sandhu 2.2.2005 to till date. She is posted at Sandhu for the second time.

(3.) It is also stated in the reply that the respondent No.3 has joined at Sandhu on 15.6.2005 and the Original Application was got prepared on 17.6.2006 and filed thereafter. The day respondent No.3 joined at Sandhu the applicant was very much present in the Health Sub Centre and despite being in the knowledge of factum of joining of respondent No.3, the applicant has purposely concealed the same and as such due to suppression of material fact, the applicant succeeded in obtaining ex -prate interim order on 20.6.2006.