BINDU SHEKHAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN these writ applications under Articles 226 and 227 of the Constitution of INdia, the petitioners have prayed for a writ of mandamus commanding the respondents to desist themselves from enforcing notification No. 1490 (2) dated 13-6-1990 contained in Annexure-1. Another prayer is to quash the notification No. 2552 (2) dated 29-10-1990 contained in Annexure-3. Identical questions and the grievances being common both the applications have been heard together and are disposed of by this common judgment.

(2.) THE petitioners are members of the Bihar State Health Services. By notification No. 1490(2) dated 30-6-1990 (Annexure-1) issued by the Joint Secretary to the Government in the Department of Health, the petitioners were transferred to other places. Before any one could be posted in place of the petitioners the State Government in the Health Department vide notification No. 2027 (2) dated 31-7-1990 (Annexure-2) cancelled Annexure-1 (notification No. 1490(2) and it was effective only against those Medical Officers to whom the notification transferring them was not implemented. By another notification No. 2552 (2) dated 22-10-1990 (Annexure-3). the State Government recalled Annexure-2 (notification No. 2027 (2)1. Consequently, all those Medical Officers who were transferred and whose transfer had earlier been stayed, now after lifting the order staying the transfer, necessary orders were directed to be issued that they must join the new place of posting within one week failing which they would be suspended A fresh communique to this effect was also issued and published in the daily newspapers that those Medical Officers, who would not join within one week, would be suspended. THE communication to the Health Commissioner on 31-12-1990 by the Additional Health Commissioner has been annexed marked Annexure-4.

(3.) NOTIFICATION No, 2552 (2) contained in Annexure-3 has been challenged primarily on the ground that it was issued without placing the matter before the Establishment Committee and further that it seeks to make the order of transfer retrospective. It is asserted that the earlier notification transferring the doctors was non est and could not be revived.