MOHD AFZAL Vs. STATE OF J&K

JUDGEMENT

(1.) IN this petition under section 103 of J&K Constitution, the petitioner has challenged Government order No. 973 HMF of 1993 dated 28 -12 -1993 (Annexure P -2 to the petition) where he has been transferred from the post Of Chief Medical Officer, Baramulla to that of Deputy Medical Superintendent, Children Hospital, Srinagar.

(2.) THE grounds taken in the petition firstly are that due to his retirement within one year, he could not have been transferred from the present place of posting against the guidelines/orders issued by the Government, being resident of Khoor, District Baramulla, that he has been lowered in status and authority under the order impugned; thirdly his transfer is premature having a stay of only seven months, therefore, the transfer impugned is against the policy and guidelines issued by the Government from time to time. Therefore, the order impugned be quashed and mandamus issued against the respondents to allow the petitioner to continue at his present place of posting.

(3.) ON coming up of the petition before a single bench of this court, notice was issued vide order dated 17 -1 -1994 and operation of order impugned as it referred to the petitioner kept in abeyance.