SATYENDRA KUMAR CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner who happens to be the Medical Superintendent of RIMS has approached this Court aggrieved by the order of transfer bearing memo No. 6055 dated 30.08.2017 (Annexure-4), issued by respondent No. 3 which is a consequence of memo No. 226(7) dated 30.08.2017 (Annexure-2), issued by respondent No. 1 and also Annexure-6/1 which is the unilateral charge assumption by respondent No. 4.

(2.) The short facts of the case as has been delineated in the writ petition is that the petitioner is posted as Medical Superintendent, Rajendra Institute of Medical Sciences (for short "RIMS"), w.e.f. 27.02014, which is a single post of that cadre. Vide notification dated 108.2002, the State Govt. came out with RIMS Rules, pursuant to RIMS Act, 200 Thereafter, in the year 2014, the State Govt. vide its Gazette Notification No. 475, Ranchi dated 209.2014, notified the RIMS regulation in exercises of powers vested under Sec. 32 of the RIMS Act, 2002, whereby the service conditions of the employees working in RIMS were laid down. It is the specific case of the petitioner that on a conjoint reading of the RIMS Act, Rules and Regulations, it is crystal clear that any Officer working and posted in RIMS shall continue to do so until he attains the age of superannuation. However, vide memo dated 30.12015 and 18.03.2016, the respondents has transferred the petitioner from RIMS to outside the RIMS. Under such circumstances, the petitioner was compelled to move before this Honourable Court by filing W.P.(S). No. 1696 of 2016 and the Honourable High Court vide its interim order dated 30.03.2016 directed the respondents not to transfer the petitioner from RIMS during the pendency of the writ petition. Thereafter, the aforesaid writ was taken-up for hearing on 19.04.2017 and by a detailed order, the Honourable Court found the issues involved in the aforesaid writ petition, requires interpretation of the RIMS Act, Rules and Regulations and the same needs to be adjudicated by a Division Bench of this Honourable Court and accordingly, the matter was referred before the Honourable Division Bench after getting approval by the Honourable Chief Justice. The aforesaid case as on date is pending for final adjudication with continuance of interim order in favour of the petitioner.

(3.) Mr. Abhay Kumar Singh, learned senior counsel assisted by Mr. Rakesh Kumar Samrendra and Mr. Rupesh Singh, learned counsel appearing for the petitioner has assailed the impugned order on the following grounds:-