ARUN CHAUHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant Appeal is directed against the order of the learned Single Judge quashing the order transferring fifth respondent Dr. Vijay Laxmi Sharma from Mahatma Gandhi Hospital, Bhilwara to Shri Jawahar Hospital Jaisalmer.

(2.) THE undisputed facts are that fifth respondent Dr. Vijay Laxmi Sharma was posted as Senior Specialist in Gynaecology at M. G. Hospital, Bhilwara. She was also holding the charge of Principal Medical Officer, Bhilwara. THE appellant Dr. Arun Chauhan, a Junior specialist in Gynaecology, who was initially transferred from Asind to Bijollya, was accommodated at Bhilwara on the post held by fifth respondent. THE said order of transfer was challenged by fifth respondent before the Rajasthan Service Appellate Tribunal, Jaipur. THE Tribunal dismissed the appeal by judgment dated 28. 7. 2004. Fifth respondent challenged the said order by way of a writ petition, which has been allowed and the order of transfer has been quashed by the impugned order.

(3.) IN the instant case, there is not a word in the entire pleadings as to what was the compelling reason for the competent authority to post a junior person of the status of Junior Specialist from a small town to a big hospital at the district headquarter dislodging a person holding the post of Senior Specialist and also incharge of the hospital as Principal Medical Officer at a distant place. The authority has not taken into consideration that the services of the fifth respondent were more required in a bigger hospital at Bhilwara than in the farthest corner of the State i. e. , Jaisalmer. The competent authority while accommodating the appellant, has not taken consideration likely hardship to the fifth respondent and convenience of the people at large at Bhilwara. IN these circumstances, the learned Single Judge has rightly held that the impugned order of transfer suffers from malafide. We do not find any infirmity in the order of the learned Single Judge warranting interference by this Court.