NAWAL KISHORE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing a portion of the notification dated 25-9-2000 (Annexure-6) whereby the petitioner, who was the Medical Officer, Additional Primary Health Centre, Nagarnausa in the District of Nalanda has been transferred to the Primary Health Centre, Durgavati in the District of Kaimoor. Further prayer of the petitioner is to quash the order dated 21-1-2001 (Annexure-17) whereby the representation filed against the order of transfer has been rejected.

(2.) It seems that in pursuance of the observation made by this Court in C.W.J.C. No. 4036 of 1999 (Ram Prakash Kuswaha v. State of Bihar and Ors.) a large number of medical officers, including the petitioner posted in a district for more than than 10 years on 30th of June, 2000 or more were transferred by notification dated 25th of September, 2000 (Annexure-G). Petitioner was transferred from Additional Primary Halth Centre, Nagar Nousa in the District of Nalanda to the Primary Health Centre, Durgavati in the District of Kaimoor. Petitioner challenged the said order by filing C.W.J.C. No. 12339 of 2000 (Dr. Nawal Kishore Prasad v. The State of Bihar and Ors.) and a learned Single Judge of this Court by order dated 1-12-2000 (Annexure-7) disposed of the writ application giving liberty to the petitioner to file representation against the order of transfer with a further direction to the Commissioner-cum-Secretary of the Department of Halth to dispose of the representation within a period of one month from the date of communication of a copy of that order. While disposing, of the writ application this Court further observed that if the petitioner has not been relieved from his post, then he may not be relieved till his representation is disposed of. Later on by letter dated 4th of April, 2002 (Annexure-13) of the Commissioner-cum-Secretary of the Department of Health, petitioner was informed that his representation has already been disposed of on 20-1-2001 and accordingly the petitioner was directed to join at the transferred place. In the said letter the petitioner was further asked to explain as to why disciplinary action be not initiated against him for stating falsely that his representation was not disposed of.

(3.) Petitioner assailed the said order by filing C.W.J.C. No. 6828 of 2002 (Dr. Nawal Kishore Prasad v. State of Bihar and Ors.) inter alia contending that in fact the communication disposing of the representation by order dated 20th of January, 2001 was never served. His grievance in the said writ application was that the direction given by this Court in C.W.J.C. No. 12339 of 2000 for disposal of the representation on merit has not been carried out in its true sense and terms. In the said writ application the order dated 20-1-2001 (Annexure-17) herein was placed on record and it was contended that necessary order has been passed on the representation of the petitioner. Petitioner also pleaded before this Court that he is not in a position to move from the present place of posting to the transferred place. A learned Single Judge of this Court by order dated 28-8-2002 (Annexure-16) dismissal the writ application in the following words :