Uttarakhand High Court
Dr. P.C. Punetha vs State Of Uttaranchal And Ors. on 22 April, 2002
Equivalent citations: [2002(93)FLR944], (2002)IVLLJ477UC
Author: Irshad Hussain
Bench: Irshad Hussain
JUDGMENT A.A. Desai, C.J. and Irshad Hussain, J.
1. Heard Sri J.C. Pandey learned counsel for the petitioner and Sri M.M. Ghildiyal, learned C.S.C.
2. On August 1, 2001, the petitioner was transferred to Ramnagar, whereas the incumbent holding the office, respondent No. 5 Dr. K.S. Mehra was transferred to Ranikhet. However, on March 16, 2002 immediately after six months the respondent No. 2 Director General, Medical Health and Family Welfare, Uttaranchal, Dehradun has brought back Dr. Mehra to Ramnagar and transferred the petitioner to Bhowali.
3. The petitioner has questioned the impugned order of transfer dated March 16, 2002 on the ground that he was at Ramnagar hardly for a period of six months. More pertinently, it is pointed out that Dr. K.S. Mehra was holding the post at Ramnagar since June 26, 1986. He was continuously working there for a period of more than fifteen years. As such, within a span of six months reposting of Dr. Mehra at Ramnagar neither could be on good faith nor in the interest of administration.
4. On this aspect, we have heard learned Chief Standing Counsel. He could not render any justification for the transfer of Dr. Mehra back to Ramnagar. It appears to us, the administrative decision is more fanciful and perhaps motivated to promote the personal interest of individual officer, namely, Dr. K.S. Mehra. We strongly disapprove such tendencies in the administration. Such modalities by Government demoralises the public services. To refrain the authorities from indulging in such mannerism, we trust the Government will caution the officers. We quash and set aside the impugned order dated March 16, 2002 re-transferring Dr. Mehra to Ramnagar and sending the petitioner to Bhowali.
5. In view of this, the petitioner shall be restored to the post of Dental Surgeon at Ramnagar.
6. The petition is disposed of accordingly.