IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9074 of 2010 1. UMA SHANKAR PATHAK, S/O LATE HARI SHANKAR PATHAK, R/O VILLAGE / MOHALLA TEEN LALTEN CHOWK, CRISTIAN QUARTER, CHURCH ROAD, P.S. BETTIAH, DISTRICT- WEST CHAMPARAN. VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, PATNA, BIHAR. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, NEW SECRETARIAT, PATNA. 3. THE JOINT SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 4. THE CIVIL SURGEON, WEST CHAMPARAN, BETTIAH. 5. THE CIVIL SURGEON, EAST CHAMPARAN, MOTIHARI. -----------
For the Petitioner : Shri Shashi Anugrah Narain.
Shri Pathak Dhananjay Kumar.
For the State : AC to AAG-V. ------------ 02 08.07.2010 The petitioner is aggrieved by Annexure-6, passed by the
Joint Secretary, Department of Health, Government of Bihar. That
is a notification with regard to transfer of petitioner issued on
12.04.2010. The case of the petitioner is that he was in West
Champaran when transfer order was issued on 30.06.2009 to East
Champaran. He went to East Champaran and joined. Within 10
months this transfer order has been issued. Ordinarily, the
petitioner submits that he would not have challenged the transfer
order but the transfer gives a reason for petitioner to be transferred.
Annexure-6, the impugned order states that the transfer order
transferring the petitioner from West Champaran to East Champaran
on 30.06.2009 was faulty because petitioner has been posted in
Rohtas with effect from 01.10.1997 and, the petitioner has not
joined at Rohtas and has remained absent without permission since
then. He is, therefore, directed to join Rohtas immediately.
Shri Shashi Anugrah Narain, learned Senior Counsel
challenges these findings in the notification. He submits that being
in government service he has no objection to be transferred to
Rohtas, but being transferred with the allegation that petitioner has
been posted to Rohtas in 1997, where he had not joined and is
absent unauthorizedly since then is a very serious allegation, which
would affect his career. The same is factually incorrect.
Having considered the matter, in my view, as the
petitioner is being directed to join Rohtas, the petitioner should first
join his assignment. So far as petitioner’s allegation is concerned,
that the statements made in the notification about his previous
posting and unauthorized absent being wrong, the petitioner would
make a detailed representation in this regard, giving all factual
aspects to the Secretary, Department of Health, Government of
Bihar within 15 days after joining at Rohtas. The Secretary,
Department of Health would then examine the records and, if
necessary and asked for, the petitioner may be heard in the matter
and he would pass appropriate orders with regard to the state of
affairs as between the 1997 and up to date. The order would be a
considered order and petitioner if aggrieved by that order may take
his remedies as he may be advised.
With these observations and directions, the writ petition
stands disposed of.
Trivedi (Navaniti Prasad Singh, J.)