ARJUN JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner who was transferred vide Memo No.484(2) dated 21st June, 1997, whereby and whereunder, he was transferred from Sadar Hospital, Samastipur to Primary Health Centre, Pakaul, Begusarai. The petitioner represented against the order on the ground of transfer against non -existing post/place and the order of transfer was not given effect. Subsequently, the Civil Surgeon, Samastipur relieved the petitioner on 11th May, 1999 but petitioner having not joined the transferred post, the impugned order issued on 28th October, 1999, followed by Memo No.433 dated 22nd March, 2000. The petitioner has been directed to report to the office of Civil Surgeon -cum -Chief Medical Officer, Begusarai.

(2.) THE counsel for the petitioner submitted that in view of order of posting, subsequent order allowing the petitioner to continue in the earlier place and in view of latest relieving order, the petitioner has not been paid salary since April, 1997.

(3.) THE case is, accordingly, remitted to the Commissioner -cum -Secretary, Health Department before whom the petitioner will file a representation. If it is found that the petitioner has been given posting against a non -existing place/post, vide order dated 21st June, 1997 and such order was not given effect till the end of 1999, the Commissioner -cum -Secretary will issue formal order of posting in favour of petitioner against a clear vacant post within one month from the date of receipt of such representation.