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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
VIPIN SANGHI, RAKESH THAPLIYAL, JJ.
Dr. (Ltd. Col.) Ajay Kumar – Petitioner
Versus
State of Uttarakhand and Others – Respondents
Writ Petition (S/B) No. 174 of 2023
Decided On : 03-05-2023
Transfer - Medical Officer - Uttarakhand Annual Transfer for Public Servants Act, 2017 - Section 18(1), 18(5)
Fact of the Case:
The petitioner, a Medical Officer, sought to quash a transfer order from Dehradun to Community Health Centre, Munsyari, Pithoragarh, issued under Section 18(5) of the Act. The petitioner contended that the transfer was not compliant with Section 18 of the Act and was mala-fide and stigmatic.
Finding of the Court:
The court found that the transfer was made in public interest and considered by the Transfer Committee. It held that the transfer order was not stigmatic and did not require a full-fledged inquiry. The court also ruled that the transfer under Section 18(5) did not require completion of four years at a particular posting.
Issues: 1. Compliance with Section 18 of the Act 2. Mala-fide and stigmatic nature of the transfer order
Ratio Decidendi: The court interpreted Section 18(5) of the Act, stating that it does not require a full-fledged inquiry and does not necessitate completion of four years at a particular posting. It also emphasized that the transfer was made in public interest and considered by the Transfer Committee.
Final Decision: The petition was dismissed as the court found no merit in the petitioner's submissions.
JUDGMENT :
VIPIN SANGHI, J.
1. The petitioner has preferred the present writ petition to seek quashing of the order dated 26.04.2023 issued by respondent No. 2, whereby the petitioner has been transferred from the post of Medical Officer in the office of the Chief Medical Officer, Dehradun to the same post in the Community Health Centre, Munsyari, District Pithoragarh.
2. The petitioner, who is an ex-army officer, after taking voluntary retirement joined as a Medial Officer in the Medical Health and Family Welfare Department of the State of Uttarakhand on 16.02.2021. His first posting was at Dehradun, which, we notice, was contrary to Section 18(1) of the Uttarakhand Annual Transfer for Public Servants Act, 2017 (hereinafter referred to as the ‘Act’). The petitioner continued to serve while being posted at Dehradun. While so serving at Dehradun, he was also attached with National Health Mission, Dehradun. He was relieved from the said attachment on 10.11.2022.
3. The petitioner was sought to be transferred by respondent No. 2 on 05.04.2023 under Section 18(5) of the Act, i.e. on administrative ground to the post of Medical Officer to District Hospital, Pithoragarh. The petitioner assailed the said transfer order by preferring a writ petition, being Writ Petition (S/B) No. 154 of 2023. The petitioner pointed out that the said transfer had not been made in compliance of Section 18 of the Act, inasmuch, as, the case of the petitioner had not been done with the approval of the one rank higher officer. In the light of the said infirmity, the respondents withdrew the said transfer order while reserving the right to pass a fresh transfer order in accordance with law. Consequently, the writ petition was disposed of in the aforesaid terms on 20.04.2023.
4. Thereafter, the respondents have passed the impugned transfer order dated 26.04.2023. The petitioner has placed on record the translation of the said transfer order, which reads as follows:
Medical Health and Medical Education Section-1
Number-547/XXVIII-1/2023/1 (8)/18TC
Dehradun, Date: April 26, 2023
Office Order
(1) By Government Order No. 88/XXVIII-1/21-01 (14)/2018 dated 21.01.2021. Dr. (Lt. Col.) Ajay Kumar was appointed to the post of Ordinary Grade Medical Officer and Office Memorandum No. 252/XXVIII-1/21-01 (55)/2016 dated 24.03.2021 Dr. (Lieutenant Colonel) Ajay Kumar was posted under the Chief Medical Officer, Dehradun on the first appointment, was attached to NHM (National Health Mission) under the national program, but Dr. (Lt. Col.) Ajay Kumar's work in NHM was not good, as a result of office order No. 79/V.N.R.S.P. deputed under the Chief Medical Officer, Dehradun, for qualitative improvement in the work, ending the affiliation. But in view of lack of improvement in the work of Dr. (Lt. Col.) Ajay Kumar, through office order No. 112519/XXVIII-1/2023/E- 48251 dated 05.04.2023, was transferred to District Hospital, Pithoragarh on administrative grounds.
(2) In compliance of the order dated 20.04.2023 passed by the Hon'ble High Court, Nainital in Writ Petition No. 154/SB/2023 Ajay Kumar vs. State of Uttarakhand and others, against the said office order dated 05.04.2023, Hon'ble High Court, Nainital according to the provisions of Section 16 of the Annual Transfer Act, 2017 for Uttarakhand Public Servants, canceled the transfer order dated 05.04.2023 by which Dr. (Lt. Col. Ajay Kumar, Medical Officer, Under Chief Medical Officer, District Hospital, Pithoragarh, Dehradun) on administrative grounds and as per Section of Annual Transfer Act, 2017 for Uttarakhand Public Servants in order of the recommendation made in the meeting held on 25.04.2023 by the Transfer Committee constituted for the transfer of doctors of PMHS and Dental Cadre under Medical Health and Medical Education Department, Uttarakhand and according to the provision of 18 (1) and 18 (5), by improving the posting/order of Dr. (Lt. Col.) Ajay Kumar, Medical Officer in the public interest the Hon'bl
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