Honble PALSHIKAR, J.–By this petition, the petitioner, who is a M.S. Doctor, has challenged the order dated 6.5.97 by which he was asked to report in the Secretariat and await his posting orders. The petitioner has, in his petition, joined the Health Minister of the Government of Rajasthan along with the Joint Director. Allegations of malafides have been made in the petition. It is alleged on behalf of the petitioner that the order, though it directs that the petitioner should await posting, virtually transfers the petitioner. The transfer is asked at the instance of the Minister and, therefore, is motivated and hence malafide. It is alleged that the transfer is based on certain reports of complaints and the petitioner could not have been transferred on the basis of those reports as they are not in any manner conclusive in nature.

(2). Show cause notice was issued and the operation of the order dated 6.5.97 was stayed.

(3). In reply, it has been contended in para 3, that the petitioner is not factually transferred but is only asked to await posting orders. It reads thus :-

``It is submitted that the petitioner was not transferred but only posting orders were kept in abeyance because of several complaints received against the petitioner and adverse inquiry reports and pendency of criminal case against the petitioner. It is submitted that keeping posting orders in abeyance is not called to transfer and the petitioner is not prejudiced in any way because the petitioner gets his salary and all emoluments etc. available to him without any work being taken from him.

(4). An affidavit has also been filed by the Health Minister for Rajasthan Government, Mr. Rajendra Singh Rathore. In para 3 of his affidavit, the Honble Minister states :–

``That during my visit to Hanumangarh Junction in the beginning of

May this year, I was astonished and dismayed to learn from the joint Director, Medical & Health Services, Bikaner, as well as the Principal Medical Officer, Sriganganagar that the petitioner Dr. Ramlal was not only neglecting his duties but was also functioning in most dublous and perfunctory manner. I was shown by the Joint Director, Bikaner, the inquiry report dated 21.10.95 and various complaints against the malfunctioning of the petitioner, which were looked into by the Enquiry Officer, Mr. Ratan Lahoti, a senior RAS Officer.

(5). The Honble Minister then seeks to state on affidavit :

``I am a responsible Officer and Head of the Ministry of Health and it is my duty to ensure their duties in a noble way in larger public interest.... I was constrained to issue oral instructions to the Joint Director, Medical & Health Services, Bikaner to keep the posting of the petitioner in abeyance till further orders.

(6). In such circumstances, when the posting orders are kept in abeyance at the instance of the Minister whose duty it is to look into the public work, no interference is called for. To interfere with the administration of Government under Article 226 of the Constitution, in such circumstances, is unwarranted exercise of the jurisdiction by this Court. I do not propose to undertake such unwarranted exercise. The petition is dismissed.

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