JUDGMENT :

SANDEEP MOUDGIL, J.

Prayer

1. The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari for quashing the impugned transfer order dated 14.11.2025 (Annexure P-13) whereby the petitioner was transferred from Kaithal to Ujala Cygnus Kashmir Super Specialty Hospital, Srinagar and the impugned termination order dated 22.12.2025 (Annexure P-24) whereby the services of the petitioner were terminated by respondent No.2.

The Conspectus Of Facts

2. The petitioner was appointed as Marketing Executive vide Letter of Intent dated 25.08.2016 and was promoted as Marketing Manager vide letter dated 01.09.2016. His services were confirmed on 01.03.2017. Thereafter, he was promoted to the post of GM (Operations & Business Development) w.e.f. 01.03.2018, vide order dated 24.04.2019, and continued to serve at Kaithal.

3. On 14.11.2025, the petitioner was transferred from Kaithal to Ujala Cygnus Kashmir Super Speciality Hospital, Srinagar. The petitioner submitted representations, including email dated 21.11.2025 and subsequent communications, seeking reconsideration of the transfer on personal grounds. However, vide communications dated 27.11.2025 and 09.12.2025, he was directed to join at Srinagar and to report at the corporate office on 15.12.2025.

4. The petitioner did not join at Srinagar, and was treated as absent from duty w.e.f. 16.12.2025. Consequently, his services were terminated vide order dated 22.12.2025.

5. The petitioner filed a civil suit challenging the transfer order dated 14.11.2025. Vide order dated 29.12.2025, the learned Civil Judge (Junior Division)-cum-Vacation Judge, Kaithal declined ad-interim injunction. Subsequently, on 19.02.2026, the petitioner made a statement before the Lok Adalat and withdrew the suit, which was accordingly dismissed as withdrawn.

6. Hence, this petition.

Contentions On behalf of Petitioners

7. Learned counsel for the petitioner contends that the impugned transfer order dated 14.11.2025 is arbitrary, malafide and actuated by extraneous considerations, having been issued not in administrative exigency but due to personal vendetta arising out of an incident dated 12.11.2025 involving one Dr. Gaurav Jain. It is submitted that no allegation whatsoever was levelled against the petitioner, yet he has been singled out and penalised by way of transfer to a far-off place.

8. It is further contended that the petitioner had an unblemished service record since his appointment in 2016 and had been promoted to a responsible position of GM (Operations & Business Development), which itself reflects the confidence reposed in him by the management. The sudden transfer, therefore, is not based on any service requirement but is punitive in nature.

9. Learned counsel submits that the petitioner had promptly submitted representations dated 21.11.2025 and thereafter, clearly bringing to the notice of the respondents his compelling personal circumstances, including that his father is a cancer patient undergoing treatment at PGI Chandigarh, his mother is also under medical treatment, and his minor children are in the midst of their academic session. Despite this, the respondents failed to consider his case in a fair and reasonable manner.

10. It is argued that the action of treating the petitioner as absent and terminating his services vide order dated 22.12.2025 is wholly illegal, as the petitioner had never wilfully abstained from duty and had duly intimated the respondents regarding his inability to join at Srinagar. The termination, thus, is in violation of principles of natural justice, having been passed without affording any opportunity of hearing.

On behalf of Respondents

11. Learned counsel for the respondents, have at the outset, objected towards the maintainability othe present writ petition, claiming the the respondent hospital is not an instrumentality of the State and the transfer orders cannot be interfered with by this Cou