ORDER
W.A. Shishak, C.J.
1. Heard.
2. The order impugned is dated 12-7-2001 on the ground that the initial order of transfer issued on 9-7-2001 was to the effect that the petitioner would be posted as A.E, at Ambikapur. By the subsequent order in partial modification of the earlier order issued on 12-7-2001 the petitioner has been posted as A.E. at Pathalgaon.
3. Mr. Alok Bakshi, learned counsel for the petitioner submits that there is no reason why within three days after the first order was issued on 9-7-2001 another order of transfer should have been issued by the Competent Authority. It is further submitted by Mr. Alok Bakshi that the petitioner is suffering from Pyrexia and Bleeding P/R. According to Mr. Bakshi, there are facilities at Korba for treatment of the aforesaid ailment. However, since Ambikapur is not so far from Korba, the petitioner is willing to go to Ambikapur as he was ordered to do so by the earlier order of 9-7-2001. However, it is submitted that since there is no facility for treatment of the aforesaid ailment at Pathalgaon, the petitioner submits that the subsequent impugned
order issued on 12-7-2001 may be set-aside and a direction may he issued that the petitioner be posted at Ambikapur.
4. Mr. R.S. Jaiswal, learned counsel for the respondents submits that the petitioner has already served at Korba for about seven years. It is submitted that in exigency of service since the petitioner holds a transferable post, the order of transfer has been issued. As regards the modification in the order of transfer from Ambikapur to Palhalgaon, it is submitted by Mr. R.S. Jaiswal, learned counsel for the respondent that this modification cannot said to be mala fide inasmuch as it is for the Competent Authority to make such order. It is further submitted that by transferring the petitioner from Korba to Pathal-gaon, the status as regards the service of the writ petitioner is not effected and the petitioner cannot take particular grievance against the modified order of transfer.
5. I have perused the medical certificate issued by the Medical Officer, Korba. It appears that if treatment is necessary, the petitioner can certainly go to any place for such treatment. It is not that once he is posted at Pathalgaon he cannot be treated somewhere else if facilities are not available at Pathalgaon. So far as question of transfer is concerned, unless it is shown that the order of transfer has been issued mala fide or in contravention to certain statutory rules, this Court is not inclined to interfere with the normal order of transfer. I take the present order of transfer as a normal order of transfer in the exigency of service.
6. In the result this petition is rejected. Let the writ petitioner comply with the order of transfer immediately. I hope that the Department shall not create any inconvenience for the writ petitioner as regards the period between the date of order of transfer and the date of joining. Mr. Jaiswal, learned counsel for the respondents submits that no difficulty will be faced by the writ petitioner in this regard.
Certified copy to both the parties.
7. Writ Petition rejected.