UMESH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) I have heard learned counsel for the petitioner and the State at length and perused the records of this case. The petitioner, who claims to be a Clerk of Basic Grade in Patna Medical College and Hospital, Patna seeks quashing of the Memo No. 1250(4) dated 13.8.2012 (Annexure-1) by which he has been transferred from Patna Medical College and Hospital, Patna to Darbhanga Medical College and Hospital, Darbhanga on the ground that vigilance enquiry is going on with respect to certain illegalities committed in purchase of medicines, chemicals and during the year 2008-09 and 2009-2010.

(2.) Short facts which would be necessary for consideration of this case are summarized as under.

(3.) The petitioner claims to had been appointed vide Annexure-23 on 29.3.1974 on temporary basis against the post, which became vacant due to suspension of a Lower Division Clerk in the scale of Rs. 200-315/-, till the final decision, with regard to the fate of the suspended employee. However, vide letter as contained in Annexure-24 addressed to the Director, Health Services, Bihar the petitioner had requested to adjust him against a post which became vacant due to transfer of one Laxmi Narain Tiwari, Lower Division Clerk, who was working against a vacant post of Selection Grade, out of Patna Medical College and Hospital. It has been stated in the letter itself that, since against the aforesaid Selection Grade post only Lower Division Clerk was to be posted, he could be adjusted as such. Vide letter dated 21.9.1974 the Deputy Director, Health Services had referred the matter to the Superintendent of the Patna Medical College and Hospital, Patna to take a decision in accordance with law. Ultimately the petitioner, vide Annexure-25 dated 31.12.1974, was adjusted against the aforesaid post with effect from 1.1.1975. The petitioner, thereafter, had worked on the same post all along. It has further been stated that the earlier orders of transfer of the petitioner issued in the year 1992 as well as on 28.6.2010 were subsequently recalled. However the impugned order as contained in Annexure-1 has been issued transferring him from Patna Medical College and Hospital to Darbhanga Medical College and Hospital on the ground that the State Government has decided to get the Irregularities mentioned above be investigated by the Vigilance Department.