Smt. Saroj Sharma vs State of U.P. and Others

Pankaj Mithal, J.—Heard Sri A.B.L., Gour, Senior Advocate assisted by Sri Saurabh Gour, Learned Counsel for petitioner and learned Standing Counsel. With the consent of the parties, the petition is being finally heard at this stage without even calling for a counter affidavit in view of the fact that the Standing Counsel has obtained instructions, which are sufficient for its disposal.

Under challenge in the present writ petition is the transfer order of the petitioner dated 18.10.2007. According to learned Counsel for petitioner the aforesaid transfer order has been passed on I he dictates of the District Magistrate who has no authority under law to direct for transfer of an employee of the medical department. He further submits that the aforesaid order has been passed to harass the petitioner as her husband belongs to a political party other than the party in power in State of U.P.

Learned Standing Counsel on the basis of instruction obtained by him, states that the petitioner has been transferred as she has failed to attend a patient who had come for admission in the hospital. This appears to be the reason for the District Magistrate to direct for her transfer.

However, the fact remains that the Chief Medical Officer without verifying the facts and finding any substance in the aforesaid complaint alleged to have been made by the District Magistrate, without application of his independent mind, has passed the impugned transfer order simply because the District Magistrate happens to be a superior authority. The transfer order is completely silent and does not indicate any reason for transferring the petitioner. It also does not even state that the petitioner has been transferred in any administrative exigency.

In view of aforesaid facts and circumstances, as the impugned order has been passed on the direction of an authority who is totally alien to the matter without verifying the substance in the allegations made the order is unsustainable and liable to be quashed. Accordingly, the impugned transfer order dated 18.10.2007 (Annexure-1, to the petition) is quashed. However, it will be open to the Chief Medical Officer to pass afresh order if administrative exigencies so require or if he is satisfied that there is some substance in tin-alleged complaint made by the District Magistrate.

The writ petition is allowed.

No order as to costs.