SATISH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) It appears that under the orders of the Central Government, contained in its letter dated 20.2.2007, petitioners services were allocated to the Jharkhand State. Petitioner submitted a representation against that allocation on the ground that his wife was suffering from cancer in abdomen and his father was 90 years of age and his children were very young. Hence, he requested for reconsideration of his case for retaining his services in Bihar. His representation was referred to the State Advisory Committee which, in turn, referred it to the Government of India, Ministry of Personnel, Public Grievances and Pension. It was considered in the Ministry and by letter dated 24.8.2007, as contained in Annexure-8, the State Advisory Committee was advised to request the petitioner to submit a medical certificate in respect of his wife from State Medical Board in support of the claim of treatment of his wife and was requested to furnish some documents and other details to the Ministry. Accordingly, the said request was forwarded to the parent Department of the petitioner i.e. Food and Consumer Protection Department which, in turn, by letter dated 23.7.2008, as contained in Annexure-9, requested the Civil Surgeon-cum-Chief Medical Officer, Patna to constitute a Medical Board, examine the wife of the petitioner and submit a report. The Medical Board was constituted and wife of the petitioner appeared before the Board. However, the report was not received in the Department of the petitioner for quite sometime. Hence, by letter dated 14.7.2010, as contained in Annexure-11, the Civil Surgeon was again requested to furnish the report of the Medical Board.

(2.) Learned counsel for the petitioner submits that the report has not been submitted as yet. However, by the impugned order, as contained in Annexure-2, in reference to the original order of allocation of his cadre in 2007, the parent Department of the petitioner has relieved him with effect from 31.1.2011.

(3.) Learned counsel for the petitioner submits that, since the request of the petitioner for retaining his services in Bihar was entertained by the Ministry and request had been made by the Ministry to the State Advisory Committee to obtain a medical certificate from the petitioner in respect of his wife and send the same alongwith other documentary evidences and information to the Ministry for reconsideration of the case of the petitioner, the original order of his transfer could not be given effect. He submits that till the Medical Board submits its report and the same is forwarded to the Ministry alongwith other information and decision is taken on the same, petitioner should not have been relieved.