UPENDRA KUMAR SAHANI Vs. STATE

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.) IN the counter affidavit filed on behalf of respondent Nos. 2 and 3, it has been stated that the petitioner has been transferred in the light of the observation of a Division Bench of this Court in its order dated 21.3.2002 passed in C.W.J.C, No. 4036 of 1999. In the counter affidavit it has been further stated that the Member of the Legislative Assembly wrote a letter to the Minister dated 31.5.2004 and requested for his transfer from the said block and on that Minister directed for placing the said letter before the Establishment Committee. It has been further stated that considering all the materials the Establishment Committee resolved to transfer the petitioner to Referral Hospital Nabinagar in the district of Aurangabad and accordingly by the impugned order he has been transferred to the said place.