MITHILESH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties. The writ petitioner has approached this Court being aggrieved by the order of his transfer contained in Memo No. 2119 dated 29th June, 2013 (Annexure-9) issued by the Respondent No. 3-Civil Surgeon-cum-Chief Medical Officer, Ranchi, whereby he has been transferred from the Infectious Disease Hospital, Ranchi to Primary Health Centre, Sonahatu.

(2.) According to the petitioner, he was working as a clerk in the Infectious Disease Hospital in the district of Ranchi. He has alleged that the respondent No. 4 who was previously posted as Deputy Superintendent at Infectious Disease Hospital, Ranchi on 9th March, 2007, had committed several illegalities and irregularities, for which the petitioner had made a complaint way back on 8th March, 2008 on which, she was show-caused on 13th March, 2008 (Annexures-1 & 1/1). However, no action was taken against the said respondent No. 4 and she was subsequently promoted as Superintendent of the said Hospital.

(3.) Learned counsel for the petitioner also submits that there was complaint made by one Class-IV employee Basanti Devi against the respondent No. 4 for having forcefully made her to do household work unauthorizedly, upon which salary of the said lady was stopped and the blame was shifted upon the petitioner. According to the petitioner, when salary of the said Basanti Devi was stopped by the respondent No. 4 and the petitioner was made responsible for that, then the petitioner was asked to give his explanation by the Respondent No. 3-Civil Surgeon-cum-Chief Medical Officer, Ranchi. In the meantime, an FIR was also registered by the respondent No. 4 against the petitioner under the provisions of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Indian Penal Code being Ranchi Sadar (SC/ST) Case No. 17 of 2013. In the background of the aforesaid history, the petitioner has been transferred in the punitive manner by the impugned letter dated 29th June, 2013 issued by the Respondent No. 3-Civil Surgeon-cum-Chief Medical Officer, Ranchi. He further submits that mere perusal of the impugned order would show that the same has been done on certain allegations of negligence in duty and non-performance of work in time by the petitioner. Allegations have also been made that there is subsisting dispute between the petitioner and the Superintendent of the said Hospital. In such circumstances, learned counsel for the petitioner submits that the impugned order of transfer cannot said to be made purely on administrative grounds. On the face of it, coupled with the allegations made the order of transfer is a punitive transfer. In support of his argument, he relies upon a judgment rendered by the Hon'ble Supreme Court in the case of Somesh Tiwari vs. Union of India and Others, 2009 2 SCC 592, para-16 thereof.