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PATNA HIGH COURT
S.K.Katriar, J.
Dr.Maithili Sharan
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 2805 of 1998 ;
Decided On : MAY 25, 1999
TRANSFER OF TUTOR - BIHAR MEDICAL EDUCATION SERVICE - DESIGNATION AS ASSISTANT PROFESSOR - SUSPENSION - VALIDITY - BIHAR STATE HEALTH SERVICES - CADRE OF TEACHING DOCTORS - TRANSFER WITHIN THE CADRE - RECOGNITION OF MEDICAL COLLEGE - DESIGNATION AS ASSISTANT PROFESSOR - SHOW-CAUSE NOTICE - FRIVOLOUS WRIT PETITION.
Fact of the Case:
The petitioner, a Tutor in the cadre of Bihar Medical Education Service, challenged his transfer from Ranchi Medical College Hospital to Patliputra Medical College, Dhanbad, as well as his suspension for refusing to carry out the transfer order. He also sought to be redesignated as an Assistant Professor after completing three years of service as a Tutor.
Finding of the Court:
The court held that the transfer order was a bona fide administrative decision made in compliance with a High Court order to fill vacant posts in unrecognized medical colleges. The court also found that the petitioner's transfer was within the same cadre and that he would not suffer any financial or other detriment as a result of the transfer. The court further held that the petitioner's request for redesignation as an Assistant Professor was a disjointed cause of action and could not be considered in the present writ petition. The court also found that the suspension order was a disjointed cause of action and could not be considered in the present writ petition.
Issues: 1. Whether the transfer order was valid and justified. 2. Whether the petitioner was entitled to be redesignated as an Assistant Professor. 3. Whether the suspension order was valid and justified.
Ratio Decidendi: 1. The court held that the transfer order was valid and justified as it was a bona fide administrative decision made in compliance with a High Court order to fill vacant posts in unrecognized medical colleges. The court also found that the petitioner's transfer was within the same cadre and that he would not suffer any financial or other detriment as a result of the transfer. 2. The court held that the petitioner's request for redesignation as an Assistant Professor was a disjointed cause of action and could not be considered in the present writ petition. 3. The court held that the suspension order was a disjointed cause of action and could not be considered in the present writ petition.
Final Decision: The court dismissed the writ petition with costs, upholding the transfer order and declaring the other reliefs sought by the petitioner to be beyond the frame of the petition.
S.K.Katriar, J.
1. Heard Mr. V. Shrinath and Ms. Anita Sinha, learned Advocates for the petitioner, and Mr. Amreshwar Sahay, learned G.A., for the respondents.
2. The writ petitioner by this writ petition prays for quashing of that portion of the order as contained in notification contained in memo No. 311(11) health, dated 30-6-98 (Annexure-3), insofar as it relates to the petitioner whereby he has been transferred as the Tutor at Patliputra Medical College, Dhanbad, and for a further writ/order/direction in the nature of mandamus calling upon respondent Nos. 1 to 5 to give to the petitioner and re-designate him as Assistant Professor of Micro-biology, and for a further writ/order/direction for quashing that portion of the notification contained in memo No. 886 (17) (health), dated 17-8-98 (Annexure-2), whereby the petitioner is sought to be put under suspension for allegedly violating the aforesaid order of transfer dated 30-6-98 (Annexure-3).
3. According to the petitioner, he is at present as Tutor in the cadre of Bihar Medical Education Service who was posted as such in the Department of Micro-biology, Ranchi Medical College Hospital, Ranchi, and has by the impugned order dated 30-6-98 (Annexure-3) been transferred as a Tutor in the Department of Microbiology, Patliputra Medical College, Dhanbad. It may be stated that the impugned order dated 30-6-98 deals with other teaching Doctors as well with which the present writ petition is not concerned. According to the further case of the petitioner, he has abruptly been served with the aforesaid order dated 17-3-98 (Annexure-2), putting the petitioner under suspension for his refusal to carry out the aforesaid transfer order 30-6-98 (Annexure-3) in anticipation of initiation of departmental proceeding. The petitioners further case on the strength of a Government resolution contained in memo No. 176 (17), dated 20-6-96 (Annexure-1) is that he is entitled to be designated as Assistant Professor after having put in three years on the post of Tutor. The petitioner has already put in three years of service and has not so far been designated as Assistant Professor and yet has been transferred on the same post to Dhanbad to his detriment.
4. In the background of the aforesaid facts and circumstances, Mr. V. Shivnath, learned Counsel for the petitioner, submitted that the impugned order of transfer insofar it as relates to him will act to his great detriment. Relying on the averments made in para 18 of the writ petition, he submitted that the Medical College at Dhanbad has been derecognised by the Medical Council of India. He further submitted that the aforesaid resolution dated 20-6-96(Annexure-1), clearly lays down that a Tutor after having put in three years of service on this post shall be designated as Assistant Professor which has been denied to him and, therefore, he can be transferred only after he is designated as Assistant Professor. Relying on a Single Judge Judgment of this Court reported in 1993 (1) PLJR 89 Ram Ashis Ram V/s. Rajendra Agriculture University, he further submitted that no employee can be transferred from one cadre to another without his consent even though he may not suffer any financial loss. He submitted that just prior to the impugned order of transfer in the cadre of Ranchi College, whereas he is being transferred to a different cadre altogether, namely, the cadre of the Dhanbad Medical College entirely against his wishes. Relying on the averments made in paras 6 and 7 of his rejoinder filed on 17-3-99, he submitted that under similar circumstances one Dr. (Smt.) Punam Prasad has been similarly transferred to the Dhanbad Medical College and this Court had stayed the operation of the order of transfer dated 22-6-98. He submitted that the Dhanbad Medical College being an unrecognised college and not a post-graduate Medical College, the impugned order of transfer will act to the prejudice of the petitioner and to add to the same is the refusal on th
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