RADBIKA MOHAN SHARAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application having been heard at great length at the stage of admission itself is being finally disposed of.

(2.) The petitioner who is a Civil Surgeon of Ranchi has filed this writ application for issuance of a writ of or in the nature of mandamus for quashing an order of transfer dated 24.1.1991, as contained in Annexure-5 to the writ application whereby and whereunder he was transferred from Ranchi to the post of Chief Medical Officer-cum-Civil Surgeon, Saharsa.

(3.) The petitioner's case in short is that one Mrs, Anna Kujur was in the dual charge of Deputy Director of Health, Hazaribagh and Civil Surgeon cum-Chief Medical Officer Ranchi. The petitioner was posted at Ranchi as Additional Chief Medical Officer by a notification dated 16-12-1989. By reason of another notification dated 30th November, 1990 which is contained in Annexure-3 to the writ application the petitioner was allegedly promoted and posted at Ranchi with effect from 1-1-1991. 3. Mr. Basudeo Prasad learned counsel appearing for the petitioner has contended that although the petitioner joiaed the post of Civil Surgeon-cum-Chief Medical Officer only on 1-1-1991, only after 23 days of his joining at Ranchi in the said post, he is sought to be transferred by reason of the impugned order. Learned counsel contended that no reason has been assigned in the impugned order as to the existence of any administrative exigency in passing the order of transfer as against the petitioner. It may be stated here that by reason of the impugned order, respondent No. 4 has been transferred to the post of the petitioner.