High CourtsSingle Bench(2022) 01 SHI CK 0032

Dr. Ankita Sen vs State Of Himachal Pradesh And Others

High Court Of Himachal Pradesh · Decided on 11 January 2022

HON’BLE JUDGES
Sandeep Sharma, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 8286 Of 2022

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Not yet generated for this judgment

Judgment

15 paragraphs · 274 words

Sandeep Sharma, J

1.

Being aggrieved and dissatisfied with issuance of order dated 25.11.2021 (Annexure P-1), whereby petitioner, who is a medical officer, has been

ordered to be transferred from the Civil Hospital Bagsaid, District Mandi, to PHC Sataun District Sirmour, petitioner has approached this court in the

instant proceedings, filed under Article 226 of the Constitution of India, praying therein for following main reliefs:

“i) issue a writ of certiorari to quash transfer order dated 25.11.2021 and relieving order dated 27.11.2021 Annexure P-1 and Annexure P-2.

ii) Issue a writ of mandamus directing the respondent authorities to allow the petitioner to continue at Civil Hospital Bagsaid District Mandi, in the

interest of justice and fair play.â€​

2.

Precise grouse of the petitioner is that since she is ordered to be transferred on the basis of DO note dated 18.12.2021, issued by some political

person, her transfer order (Annexure P-1) is liable to be quashed. However, having taken note of the fact that petitioner has completed her normal

tenure at the present place of posting i.e. CH Bagsaid, District Mandi, aforesaid ground, as raised by her, for quashing of impugned order is not

available to the petitioner.

3.

Since record made available by learned Senior Additional Advocate General, reveals that petitioner had been working as Medical Officer at CH

Bagsaid, since 2016, this court sees no reason to interfere in the impugned transfer order, which otherwise appears to have been passed strictly on the

basis of transfer policy.

4.

Consequently, in view of the above, this Court finds no merit in the present petition and accordingly, same is dismissed being devoid of any merit.