UPENDRA KUMAR SAHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing a portion of the notification dated 29.6.2004 (Annexure-1) whereby the petitioner, who happens to be a Medical Officer, has been transferred from Primary Health Centre, Ghanshyampur in the district of Darbhanga to Referral Hospital at Nabinagar in the district of Aurangabad.

(2.) Short facts giving rise to the present application are that the petitioner is a Medical Officer posted at Ghanshyampur Block in the district of Darbhanga and working there since 2.12.1999. A Division Bench of this Court by its order dated 21.3.2002 passed in C.W.J.C. No. 4036 of 1999 impressed upon the Government of Bihar in the Department of Health to effect transfer of such Medical Officers who had completed three years of posting, at a particular place. Taking note of the same, the State Government by its notification dated 29th of June, 2004 (Annexure-1) transferred the petitioner as also a large number of Medical Officers. However, notification indicated that as the petitioner has been transferred on his own request he shall not be allowed the travelling allowance.

(3.) It is the stand of the petitioner that he never made request for his transfer and, as such the transfer made on the ground that it was on his representation is unfounded on fact and denial of travelling allowance is also illegal. According to the petitioner he has been transferred on the recommendation of the Member of the Legislative Assembly which would be evident from the proceedings of the Establishment Committee (Annexure-B) in which in the remarks column reference of the letter of Members of Legislative Assembly and minute of the Health Minister has been made.