GANPAT RAM KALER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE order dated 13.5.2013 passed under Article 226(3) of the Constitution of India thereby vacating the interim restraint dated 18.4.2013 hitherto suspending the operation of the orders dated 10.4.2013 and 11.4.2013 posting the respondent no.3 as Chief Medical and Health Officer, Nagaur and releasing the appellant therefrom to continue as Senior Medical Officer, Community Health Centre, Kuchera, is in assailment.

(2.) WE have heard Mr.Sandeep Shah, learned counsel for the appellant, Mr.G.R.Punia, Additional Advocate General for the State-respondents no.1 and 2 and Mr.Vikas Birjania, learned counsel for the respondent no.3.

(3.) WHILE the matter rested at that, the appellant in the capacity of Chief Medical & Health Officer, Nagaur and pursuant to the order dated 20.3.2013 of the Assistant Secretary, Medical & Health (Group-II) Department, Rajasthan, Jaipur, by order passed on 4.4.2013 required the respondent no.3 to hand over charge of his office of the Block Chief Medical Officer, Mundwa (Nagaur) to the senior-most Senior Medical Officer and to report to his (appellant) office. The respondent no.3 accordingly on 8.4.2013 reported at the office of the Chief Medical & Health Officer, Nagaur. On 10.4.2013, however, by the impugned order of the even date, the respondent no.3 was posted as Chief Medical and Health Officer, Nagaur. The order indicated that he was thereby posted against a vacant post of Chief Medical & Health Officer, Nagaur. On the next day i.e. 11.4.2013, the respondent no.3 relieved the appellant from the charge of the office of the Chief Medical & Health Officer, Nagaur with a direction to continue as Senior Medical Officer, Community Health Centre, Kuchera. Being aggrieved, the appellant has invoked writ jurisdiction of this Court for its remedial intervention.