Dr. A.K. Singh vs State of U.P. and Others

Palok Basu and M.C. Agarwal, JJ.—Being fully aware of the extremely circumscribed self-imposed situations then this Court interferes with transfer orders, Dr. A. K. Singh''s petition at hand was thought a matter fit enough for interference under Article 226 of the Constitution of India. Consequently, while calling a counter-affidavit concerning the transfer order dated 16/17th July, 1996, the operation of the transfer order was stayed, which was time bound till 30th September, 1996. Counter and rejoinder-affidavits have been exchanged.

Dr. J. P. Singh describing himself as Chief Medical Officer, Basti, has, however, in the meantime, filed an impleadment application. On his behalf, Sri Dinesh Dwivedi and Sri A. K. Gupta have been heard. On a consideration of the material, the impleadment was allowed. The said Dr. J. P. Singh challenged an order of the State Government dated 31st December, 1996, whereby his transfer order and posting as Chief Medical Officer, Basti, dated 24th December, 1996, was revoked. This writ petition was filed in the Lucknow Bench of this Court being Writ Petition No. 23 (S/B) of 1997. From whatever was stated before the Lucknow Bench through the petition and through the arguments of the learned Counsel there, the Division Bench remarked:

The contention, therefore, appears to be that in spite of the order of transfer and the High Court vacating the interim order, Dr. A. K. Singh chose to stick to the post of Chief Medical Officer and it is in this background that the opposite parties have at last revoked the order of transfer and High Court at Allahabad also passed a fresh order of stay of order of transfer on 8.1.97.

Accordingly, we dispose of the present writ petition with liberty to the Petitioner to approach the court at Allahabad and move appropriate application for impleadment in the pending Writ Petition No. 23578 of 1996 where the issue can be adjudicated and decided on merits of the contentions raised by the parties in question and till appropriate order is passed at Allahabad, we provide that the operation of the order dated 31.12.96 by which the order of transfer of the Petitioner has been revoked shall remain suspended.

The aforesaid order of the Lucknow Bench is not disputed, a photostat copy of the certified copy of which has been filed as Annexure ''1'' to the impleadment application. It, therefore, follows that the aforesaid Division Bench of the Lucknow Bench has taken note of the fact that there is a stay order in favour of Dr. A. K. Singh, the Petitioner in the instant case, and has yet proceeded to pass an order on 10th January, 1997, staying the order of the Government by which Dr. J. P. Singh''s transfer to Basti was revoked.

Before commenting further on the material existing on the record, it may be mentioned here that when the Petitioner''s matter came up before a Division Bench concerning the time bound interim order existing in his favour, it was declined ostensibly for the reason that another doctor, namely, Dr. B. R. Arya, who had been, in the meantime, posted as Chief Medical Officer, Basti, was cancelled by the State Government. Dr A. K. Singh, the Petitioner, brought this fact to the notice of the Bench hearing the matter subsequently with the result that while the interim order was vacated on 3rd October, 1996, it was restored and a fresh order was again passed on 8th January, 1997. It was directed in the order dated 8th January, 1997, that the Petitioner''s transfer to Lalitpur, as was given effect to by the impugned order dated 17th July, 1996, shall remain stayed till 17th January, 1997. When the matter came up before this Court on the date fixed, the interim order has been extended and it is in operation at the moment.

Faced with a situation which may be described as legally and factually inconvenient, the Court asked the Additional Chief Standing Counsel Sri S. G. Hasnain to inform the Court if the newly added opposite party Dr. J. P. Singh can be accommodated in the office of the Chief Medical Officer of some other district in the State or not. It must be added to the fairness of Sri Hasnain that he took pains to contact the Government at once and has helped the Court in resolving the problem by stating that a post of Chief Medical Officer is falling vacant on 31st January, 1997, in district Chamoli. Sri Dinesh Dwivedi has also informed the Court, after obtaining instructions from Dr. J. P. Singh today in Court itself that if a fresh order of posting is passed in favour of Dr. J. P. Singh as Chief Medical Officer, Chamoli, instead of Chief Medical Officer, Basti, he will readily join the same.

Having noticed this factual background, the Petitioner''s gverments may be examined. Dr. A. K. Singh, the Petitioner, was posted as Chief Medical Officer, Basti, on 15th August, 1995, and the transfer order dated 16/17th July. 1996, was thrust upon him within about 10 or 11 months of his posting in Basti. It goes without saying that Government officers have their families also which settle down normally at the place of their posting and if a normal span is not allowed to them to continue at a place of posting, their life becomes hazardous and they may be compelled to live as nomades, which no Government or reasonable man can, legitimately, permit unless exceptional circumstances make such an order an absolute necessity.

From the counter-affidavits on the record, there does not appear any reason to justify the impugned order dated 16/17th July, 1996. No further comment in this regard is necessary.

In view of the abovementioned discussion, the wilt petition is finally disposed of with the following directions:

The impugned transfer order dated 16/17th July, 1996, (Annexure ''4'' to the writ petition) transferring the Petitioner Dr. A. K. Singh from the post of Chief Medical Officer, Basti, to Chief Medical Superintendent, Lalitpur, is quashed.

2 Unless C.M.O. post is available in some other District, the State Government shall consider the aforesaid observations regarding posting Dr. J. P. Singh, who was earlier posted as Chief Medical Officer, Basti, as Chief Medical Officer, Chamoli (which order has been revoked lay State) which post is likely to fall vacant on 31st January, 1997.

All consequential orders may, therefore, be passed by the State Government on or after 31st January, 1997.

Parties will bear their own costs.