SHIVA KANT THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Shashi Anugrah Narain for the petitioner, and Mr. S.N. Pathak, learned Govt. Pleader No. 1.

(2.) ACCORDING to the writ petition, the petitioner is a member of the Bihar Medical Service, and is in the substantive rank of Civil Surgeon. By an earlier order dated 28.4.2005 (Annexure 2), he was transferred from the post of District Medical Officer, Madhubani, to the post of Civil Surgeon, Begusarai, which he joined. On the heels of it came the impugned order dated 30.4.2005 (Annexure 1), whereby he has been transferred from Begusarai to the post of Deputy Chief Medical Officer, Headquarters Office, Patna, The petitioner complains before this Court that the earlier order of transfer was a routine and general transfer, whereas he has by the impugned order been singled out. He further submits that in view of the stand taken by the respondent authorities in the counter affidavit and the surrounding circumstances, an attitude of mala fide attributable to the respondent authorities is clearly discernible. It is further submitted that the post of Civil Surgeon at Begusarai has not so far been filled up. He lastly submits that the petitioner shall superannuate from the services of the Bihar Government with effect from September 2007, and he has unblemished record of service apart from the fact that his long tenure of 32 years.

(3.) I have perused the materials on record and considered the submissions of learned counsel for the parties. It appears on a perusal of the counter affidavit that serious allegations have been levelled against the petitioner with respect to his functioning at Begusarai and a departmental proceeding has already been initiated. Learned Government Counsel has placed before me, copies of the Government Notification dated 2.1.2006 and the charge -sheet, and have also been served on learned counsel for the petitioner during the course of submissions. It thus appears to me that the petitioner has been validly transferred from his place of posting so that the departmental proceeding is objectively and fairly carried out away from sphere of jurisdiction.