Dr. Satish Kumar Singh vs State Of U.P. And 3 Others
2017 Latest Caselaw 2233 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 29474 of 2017
 

 
Petitioner :- Dr. Satish Kumar Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Raghwendra Prasad Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ran Vijai Singh,J.

Hon'ble Ifaqat Ali Khan,J.

We have heard Sri Raghwendra Prasad Mishra, learned counsel for the petitioner and learned standing counsel for the state-respondents.

The petitioner appears to be aggrieved by order dated 30.06.2016 issued by the Regional Ayurvedic and Unani Officer Agra, by which Sri Narendra Kumar, Rajkiya Ayurvedic Chikitsalay Bamrauli Katra Agra, has been required to take over additional charge of the Regional Ayurvedic and Unani Officer.

While assailing the aforesaid order learned counsel for the petitioner contends that vide order dated 29.06.2017, Director Ayurvedic Services U.P. Lucknow has required Regional Ayurvedic Unani Officers, who is going to attain the age of superannuation, to hand over charge to the senior most medical officer while retiring from the service.

In the submission of Sri Mishra, the petitioner, being senior most Medical Officer, has been ignored and charge has been handed over to Sri Narendra Kumar, Medical Officer who is junior to the petitioner. In his submissions the order deserves to be quashed.

Refuting the submissions of learned counsel for the petitioner learned standing counsel contended that handing over charge to the senior most medical officer is subject to the condition that he must not presently be facing any disciplinary proceeding. Therefore, without certifying this fact as to whether petitioner is having clean records, no infirmity can be attached. The petitioner has already filed a representation to the Secretary Ayush Department, Anubhag-1, U.P. Government., Lucknow.

Considering the same, this writ petition is disposed of, with a liberty to the petitioner to file a detailed representation before respondent No.2 for redressal of grievances taking all those grounds which have been taken here in this writ petition along with certified copy of the order of this court. In case such representation is filed that may be considered and decided by the respondent no.2 by passing a reasoned speaking order, expeditiously but not later than six weeks from the date of filing of the representation.

Order Date :- 11.7.2017

Swati