PARMESHWAR DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) An order contained in Annexure-1, transferring the petitionerjrom Panki State Dispensary to Mohammadgunj Health Centre is being challenged.

(2.) The petitioner was a Dresser in the State Dispensary, Panki, in the district of Palamau. Appointed in the year 1965, he served for a long period of thirteen years at Barwadih. On a representation made to the Civil Surgeon. Palamau (respandent No. 2), he was transferred to Panki State Dispensary and assumed his duties in August 1983. Soon after joining at Panki he picked up quarrel with the Medical Officer (respondent No. 3) and started making allegations that the Medical Officer did not visit the hospital even for an hour ; no proper medical aid was provided to the patients and the medicines were not supplied to him for proper dressing. It was alleged that this offended respondent No. 3. He, therefore, sent a complaint to the Civil Surgeon of Palamau alleging misbehaviour and illtreatment of the petitioner with the patients. On proper assessment of the situation, the Civil Surgeon directed the Medical Officer to give warning to the petitioner and it was accordingly communicated to him. In one case, the petitioner was complained of taking manual work from a lady patient and on her refusal to work in his house, the Medical aid was stopped. The petitioner was asked to explain. The explanation submitted by him was forwarded to the Civil Surgeon. The Medical Officer was asked to direct the petitioner to meet the Civil Surgeon. The petitioner, accordingly, must the Civil Sergeon at Daltongunj who was advised to work peacefully under the guidance of the Medical Officer. Meanwhile, the Medical Officer proceeded on leave and the Block Medical Officer took charge of the Panki State Dispensary. The petitioner started making complaint against him as well. After some time, a patient filed a complaint to the Civil Surgeon alleging that the petitioner refused to carry out the instruction given by the doctor and he was not properly looked after. An enquiry was made by the Civil Surgeon and the statement of the petitioner, the Doctor and the complainant was recorded. Thereafter, the pstitidner was transferred from Panki State Dispensary to the Health Centre, Mohammadgunj. The said order contained in Annexure 1 was communicated by the Medical Officer directing the petitioner to join his transferred post.

(3.) In a counter affidavit filed by the Medical Officer the allegations have been denied as false and frivolous. It was stated that the petitioner was a Dresser. There was never any complaint against the Medical Officer made by any patient. The behaviour of the petitioner was not cordial with the patients. On the complaints made by the patients relating to misbehaviour of the petitioner, the matter was reported to the Civil Surgeon and the petitioner was given warning for carelessness in discharging his duties. As stated earlier, a written complaint was received from a Mukhiya of the Gram Panchayat of Mongalpur Panki Block that a lady patient was inhumanly treated by the petitioner. The petitioner was asked to explain, but instead of submitting explanation, he made false, frivolous and wild allegations against the Medical Officer when the Medical Officer proceeded on leave and the Block Medical Officer was incharge of the Dispensary, the petitioner started making allegations against him. In respect of a complaint made by the father of a patitnt complaining that the dressing as directed by the Block Medical Officer was not properly done by the petitioner, on enquiry, it was found that the petitioner was neglect in his duties. It was categorically stated in the counter affidavit that on account of negligence of the petitioner, the local residents and the patients were dissatisfied. He was not co-operating with the Medical Officer. The order of transfer was, therefore, passed on administrative grounds. There was no violation of any Rules or Circular issued by the Government.