MOHD ASHRAF BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner while posted as Block Medical Officer Soibugh got vide the Director Health Services order communicated under No. Est -3/1 -133/2855 -64 dated 3.11.1998 transferred and attached with Chief Medical Officer, Baramulla. Respondent, Doctor Bashir Ahmed Ahangar came vide the said order posted as Block Medical Officer, Soibugh.

(2.) THIS transfer order having the effect of attaching the petitioner to the office of CMO, Baramulla is labelled as unreasoned and without jurisdiction. Further more the competence/ jurisdiction of the Director Health Services to order the petitioners transfer is challenged on the ground that the petitioner being a gazetted officer had no jurisdiction or authority to order his transfer and the order is thus illegal on account of want of jurisdiction.

(3.) THE impugned order is assailed on yet another ground namely that is unconstitutional and violative of the petitioners legal rights as the order has the effect of attaching the petitioner, without intimating the post against which he is to be adjusted. The attachment is said to be the outcome of the malice as in the background in which the petitioner was divested of drawing and disbursing powers and had been dubbed as a mis -appropriator. The Directors order is thus said to call for judicial intervention.