Dr. Jatinder Singh vs State of Punjab and Others

Tejinder Singh Dhindsa, J.—The petitioner, who is holding the post of Medical Officer in the Department of Health and Family Welfare, State of Punjab has impugned in terms of filing the present writ petition the order dated 09.08.2012 (Annexure P-7), whereby, he has been transferred from Mini Primary Health Centre, Khankhana to Civil Hospital Jaiton, Faridkot. Learned counsel appearing for the petitioner contends that the petitioner suffers from 40% disability element and has been a victim of frequent transfers. Still further, learned counsel would submit that even the wife of the petitioner is a government employee and being a couple case, the transfer order is in clear violation of the transfer policy dated 10.05.2011 (Annexure P-8). Counsel would vehemently argue that in terms of such transfer policy a provision has been made to accommodate the couple cases as also to accommodate employees who suffers from a disability. It is by now well settled that mere violation of the transfer policy would not vest in an employee an enforceable right. The scope of judicial scrutiny in the matters of transfer would be limited to situations where the impugned order of transfer is vitiated by malafides, has been passed in violation of the statutory provisions or has been passed by an authority not competent to pass such order.

Accordingly, I am not inclined to interfere with the impugned order of transfer. Be that as it may, the Hon''ble Apex Court in the case of Union of India Vs. S.L. Abbas 1995 (4) SCT 455 has categorically observed that it shall be obligatory for the authority concerned to keep in mind the transfer policy/guidelines as formulated by the State itself while issuing orders of transfer. Accordingly, the present writ petition is being disposed of in terms of granting liberty to the petitioner to submit a representation against the impugned order of transfer dated 09.08.2012 (Annexure P-7). In the eventuality of any such representation being filed, the respondent-Competent/authority is directed to decide the same within a period of seven days from the date of its submission. It is further directed that for a period of 10 days from today, status quo as regards the place of posting of the petitioner as it exists today shall be maintained. Petition disposed of accordingly.