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Himachal Pradesh High Court

Hitesh Kumar vs State Of H.P. & Others on 29 December, 2020

Bench: Sureshwar Thakur, Sandeep Sharma

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 5663 of 2020.

Decided on : 29th December, 2020.

.

    Hitesh Kumar                                                            ...Petitioner.
                                         Versus
    State of H.P. & others                                                   ....Respondents.
    Coram:





The Hon'ble Mr. Justice Sureshwar Thakur, Judge. The Hon'ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting?1 For the Petitioner: Mr. Surender 'Saklani, Advocate.

    For the Respondent:                            Mr. Ajay Vaidya, Senior Addl.A.G. with Mr.
                             r                     Ashwani Sharma, Addl.A.G.

    Sureshwar Thakur, Judge (Oral) .

The extant writ petition stands directed against the impugned transfer order, borne in P-1. The gravamen of the submissions addressed before this Court, for thereupon, an onslaught becoming cast, upon, the impugned transfer order, is, constituted in the trite factum, that care giving at Civil Hospital Suni, wherefrom, the writ petitioner is transferred, to Zonal Hospital, Mandi, would on the transfer order, becoming materialized, get direly affected, as the patients seeking treatment thereat, would become deprived of the services of a Radiologist.

2. For ascertaining the veracity of the afore submission, as, addressed before this Court, by the learned counsel appearing, for the petitioner, the learned Additional Advocate General was directed to seek 1 Whether reporters of the local papers may be allowed to see the judgment?

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...2...

instructions from the quarter concerned. He has apprised this Court that .

the afore submission carries veracity.

3. In aftermath, since, the care giving treatment at Civil Hospital, Suni, would become direly affected, upon, the writ petitioner becoming transferred to Zonal Hospital, Mandi, especially when thereat the seat of the Radiologist, would remain vacant, thereupon, the extant writ petition is allowed, and, the impugned transfer order is quashed and set aside.

4. Furthermore, the respondent-State is directed to deploy a radiologist at Zonal Hospital, Mandi, for ensuring adequate care giving treatment to the patients taking treatment thereat. All pending applications also stand disposed of.

Copy dasti.

(Sureshwar Thakur) Judge (Sandeep Sharma) Judge.

29th December, 2020.

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