Dr. Kapil Dev vs State Of U.P.& 3 Ors.
2013 Latest Caselaw 7207 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 
Case :- WRIT - A No. - 65392 of 2013
 
Petitioner :- Dr. Kapil Dev
 
Respondent :- State Of U.P.& 3 Ors.
 
Counsel for Petitioner :- S.P.Sharma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Mahesh Chandra Tripathi,J.

The petitioner is posted as the Superintendent at Community Health Centre, Naraini, Banda and has been transfered vide order dated 22.11.2013 to Primary Health Centre, Johari, Banda on the ground of regular agitation by the Karmachari Mahasangh.

The contention of the petitioner is that when he made the inspection on various dates of the Centre, a number of employees were not found available. The details of the inspection reports are Annexures-4 to 7 of the writ petition, and in pursuance of such irregularities, the petitioner has sought explanation from various employees and has communicated the same to the Chief Medical Officer, Banda vide order letter dated 12.11.2013. The letter written by the President of the Association dated 12.11.2013 to the Chief Medical Officer for the transfer of the petitioner is Annexure-9 to the writ petition. It appears that on the pressure of the President of the Association, the petitioner has been transferred.

We are of the view that if an Officer is being transferred on the pressure of the employees in a situation, where the Officer found irregularities in functioning of the employees and initiated action against them, then it is very difficult for the Officer to perform his duties properly.

In the facts and circumstances, we are of the view that the matter requires detailed enquiry. Since the Chief Medical Officer has transferred the petitioner, it would be more appropriate that the District Magistrate, Banda may make the inquiry in respect of entire state of affairs and submit the report to this Court within two weeks. We direct accordingly. The District Magistrate is directed to make enquiry and submit report by the next date of listing.

Put up on 16.12.2013 as fresh.

Till the next date of listing, the impugned transfer order dated 22.11.2013 shall remain stayed. The Chief Medical Officer, Banda is directed to make such arrangement that every week there should be a random inspection of the Centres, which fall under his jurisdiction, to monitor the presence and working of the employees posted at various Centres. The Chief Medical Officer, Banda is directed to give report about the random inspection by 16.12.2013.

A certified copy of this order be provided to the learned Standing Counsel for communication to the District Magistrate, Banda.

Order Date :- 29.11.2013/OP