DHARMENDRA KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application, the petitioner has prayed for issuance of an appropriate direction for quashing the notification No. 823(3) dated 26.7.1997 whereby the respondent no. 7 Dr. (Mrs) J.H. Soren, has been directed to remain as the Civil Surgeon -cum -Chief Medical Officer, Singhbhum (West) Chaibasa and also for quashing the notification No. 824(3) dated 26.7.1997 by which the petitioner has been transferred from the post of Civil Surgeon cum Chief Medical Officer, Singhbum to the post of Civil Surgeon -cum -Chief Medical Officer, Kaimur, Bhabhua, although the petitioner has joined the post of Civil Surgeon cum Chief Medical Officer, Chaibasa, just a few days back i.e. by notification No. 518(3) dated 20.5.1997.

(2.) THE facts of the case are not much in dispute. The petitioner was working as the Addl. Chief Medical Officer, Monghyr, from where he was transferred to the post of Civil Surgeon -cum -Chief Medical Officer, Singhbhum, West, Chaibasa vide notification No. 518 (3) dated 20.5.1997 by order of the Governor and the notification was issued by the Special Secretary to the Government. It is stated by the petitioner that the respondent no. 7 who was working as the C.S. -cum -Chief Medical Officer Chaibasa, was transferred to the post of Principal, Department of Health & Family Welfare Centre, Bhagalpur vide Notification No. 519 dated 20.5.1997. In pursuance of the said notification the petitioner gave his joining on 4.6.1997 and requested the respondent no. 7 to hand over the charge of the Civil Surgeon cum Chief Medical Officer, Chaibasa. However, respondent no. 7 refused to hand over the charge to the petitioner and, therefore, the petitioner assumed the charge on 4.6.1997 itself. The Regional Deputy Director of Health Service, South Chotanagpur, Ranchi, confirmed and countersigned the charge report dated 4.6.1997 by which the petitioner assumed the charge of the Civil Surgeon cum -Chief Medical Officer, Chaibasa, and since then the petitioner has been discharging his duties on the said post. It appears that the respondent no. 3, the Special Secretary, Health Department, Government of Bihar, Patna, vide Memo No. 678 dated 27.6.1997 directed the respondent no. 7 to join at his new place of posting at Bhagalpur immediately within a week, failing which after his suspension, necessary departmental proceedings can be initiated against her. A copy of the letter of the Special Secretary, dated 27.6.1997 has been annexed as annexure3 to the writ application. It is stated by the petitioner that surprisingly, he came to know that by notification no. 428 dated 26.7.97 the petitioner has been transferred from Chaibasa to Kaimur, Bhabhua and the order of transfer of respondent no. 7 from Chaibasa to Bhagalpur has been stayed and she has been directed to remain at Chaibasa. A copy of the said notification is annexure -4 to the writ application. It is contended by the petitioner that although, the earlier notification was issued by the Governor under the signature of the Special Secretary, but surprisingly, the impugned order of transfer has been issued by the Deputy Secretary. It is alleged by the petitioner that the respondent no. 7 has been working in the South Chota nagpur Division since last 24 years continuously. She joined her service as medical officer, Chaibasa, in 1974 and she worked in the district of Singhbhum, continuously till 1992. It is further alleged that for the first time, she was transferred and posted as the Civil Surgeon -cum Chief Medical Officer, Singhbhum, Chaibasa for a brief period of three years, at Dhanbad but she had again been transferred from Dhanbad to Chaibasa and since then she was discharging her duties at Chaibasa till May, 1997. It is further alleged that the husband of respondent no. 7 is a political leader and Member of Legislative Assembly (MLA) and holding the post of District President of Rastriya Janta Dal and has a high political link with all the ruling parties of the State. It is further alleged that at the instance of the husband of the respondent no. 7, who made political pairvi, the order of transfer of respondent no. 7 was stayed. The petitioner further alleged that the respondent no. 7 was put under suspension vide notification dated 24.2.1996 on different charges while she was posted as the Civil Surgeon at Dhanbad. The order of suspension was subsequently revoked vide notification dated 12.9.1996 specifically mentioning that the departmental proceeding shall continue and the respondent no. 7 was directed to be present at the head -quarter at Patna during the period of her suspension. Lastly, it is contended that the respondent no. 7 and her family are the residents of Singhbhum and since last more than 20 years, she has managed to remain at Chaibasa and again managed to obtain the order of stay of her transfer and got the transfer order of the petitioner issued at the behest of her husband.

(3.) WHEN the case was heard on admission on 15.9.1997, the standing counsel was directed to file counter affidavit and also to produce the records of the case. Pursuant to that, counter affidavit has been filed on behalf of the respondent stating and the file has also been produced by the learned standing counsel. In the said counter affidavit, it is stated that the respondent no. 7 who was earlier posted as the Civil Surgeon cum Chief Medical Officer, Dhanbad was transferred and posted on the same post at West Singhbhum Chaibasa by notification of the department dated 22.12.1995. However, immediately thereafter, she was suspended on the charges of irregularities vide notification dated 24.2.1996. Her suspension was ultimately vacated, where after she jointed at her earlier place of posting at Chaibasa. It is further stated that a proposal was mooted in the department for filling up the vacant posts of the civil surgeons and after approval of the authorities, a notification dated 20.5.1997 was issued by which the petitioner was posted as the Civil Surgeon cum Chief Medical Officer, West Singhbhum, Chaibasa, whereas the respondent no. 7 was posted as the Principal, Family Welfare Centre, Bhagalpur.