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2013 Supreme(J&K) 525

DHIRAJ SINGH THAKUR
Gh. Nabi Shah – Appellant
Versus
State Of J&K – Respondent


Advocates Appeared:
M.Y. Bhat.

1. The petitioner in the present writ petition questions his order of transfer from the office of Chief Medical Officer, Pulwama to the office of Director, TB. Demonstration Centre, Srinagar.

2. The order is questioned on two grounds.

Firstly, that the transfer order is premature as it has been passed only after a period of one year from the date of his earlier order of transfer and is, thus, in violation of Govt. Policy circulated by the Govt. vide order No. 861-GAD of 2010 dated 28-7-2010 [Refer 2011 (13) JKS JK-48 : JKS Soft JKS/6896] which envisages that premature transfers shall be ordered only with the prior approval of the Minister Incharge for the reasons to be recorded.

3. The other ground on which the order of transfer has been challenged is that the same suffered from the vice of malafides. Reference in this regard was made by learned counsel to the order impugned itself, a portion whereof is reproduced here-in-below:

"Whereas it has also been verified by enquiry team that Mr. Gh. Nabi Shah, Head Assistant, who is working in District Hospital Pulwama on attachment basis is not bearing attitude like a subordinate to his officers and is always behaving like unbecoming of Govt.
























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