DILIP KUMAR RABIDAS Vs. STATE OF JHARKHAND, THE SECRETARY, DEPARTMENT OF HEALTH, GOVT.OF JHARKHAND, RANCHI, DEPUTY SECRETARY, DEPARTMENT OF HEALTH, GOVT.OF JHARKHAND, RANCHI AND CIVIL

JUDGEMENT

(1.) PETITIONER , by way of filing the present writ petition under Article 226 of the Constitution of India, has challenged the order of transfer issued by the respondents dated 8.7.2006, which was issued after the instruction received from the Under Secretary of the Health and Family Welfare Department, Government of Jharkhand, Ranchi to the Civil Surgeon, Godda.

(2.) LEARNED counsel for the petitioner, while referring Annexure -9 to the petition i.e. a letter issued by the Under Secretary of the Health and Family Welfare Department, Government of Jharkhand, Ranchi to the Civil Surgeon, Godda dated 8.7.2006, submitted that one Smt. Champa Devi working with the Primary Health Centre, Meharama, Godda gave an application making grievance against the present petitioner and on the basis of the said application, Civil Surgeon was asked to transfer the present petitioner. On account of this instruction, issued by the Government vide Annexure -11 i.e. transfer order dated 8.8.2006, the petitioner was transferred.

(3.) LEARNED Additional Advocate General appearing for the State submitted that the petitioner's transfer order came to be issued on account of administrative exigencies; there is no malafide in the transfer of the petitioner. It is further pointed out that this petition was filed in the year 2006 challenging the order of transfer and the said transfer order has been stayed by this Court and therefore, the petitioner continued on the said post despite issuance of transfer order for a period of more than five years by now. It is submitted that transfer is incidental in the service and usually takes place after the interval of 3 to 4 years upon the administrative exigencies arises in the department. However, if the petitioner will be asked to make representation, respondent -authorities will consider the same objectively.