Allahabad High Court
Shamim Akhtar vs State Of U.P. & Others on 22 July, 2010
Author: Shishir Kumar
Bench: Shishir Kumar
Court No. - 38 Case :- WRIT - A No. - 35834 of 2010 Petitioner :- Shamim Akhtar Respondent :- State Of U.P. & Others Petitioner Counsel :- V.S. Tiwari Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
It appears that when the case was taken up on 6.7.2010, the Court was given an indication that in spite of the order passed by the relevant authority and this Court, the Chief Medical Officer, Ballia has passed an order dated 11.6.2010 in defiance of the order of Contempt Court as well as writ Court. In such circumstances, this Court had directed that the Chief Medical Officer, Ballia will be present before this Court to explain his conduct as to under what circumstances he had passed such order. Now Sri Pradahan, Addl. Chief Standing Counsel has appeared before this Court and filed an affidavit of compliance as well as giving details that under what circumstances the order was passed. It has further been submitted by Sri Pradhan, Addl. Chief Standing Counsel that the Chief Medical Officer, Ballia has passed an order strictly in compliance with the order passed by the Director dated 31.3.2010 directing the Chief Medical Officer to post the petitioner at Primary Health Centre, Chilkahar district-Ballia, therefore, by no means it can be imagined that the Chief Medical Officer has committed defiance of the order of this Court.
The Court has perused the order dated 11.6.2010 as well as the order passed by Director dated 31.3.2010. The order passed by the Director clearly indicates that the petitioner will be posted at Primary Health Centre, Chilkahar only. This order has never been challenged by the petitioner in any writ petition. The petitioner submits that he has already made an application before the contempt court. If that is so, it is open to the petitioner to pursue his remedy before the Contempt Court for defiance of the order, if any, but from the fact stated and brought on record by Sri Pradhan before this Court, it cannot be held that the Chief Medical Officer, Ballia is in any way in defiance of the order passed by this Court, therefore, the personal appearance of the Chief Medical officer, Ballia is hereby exempted.
It is further clarified that it is a case of transfer. The petitioenr is posted in the district for a period of 15 years in spite of that fact, he has been directed by the Director to post on a particular post. The petitioner being a Government Servant cannot raise any grievance regarding his transfer to any place being transfer an exigency of service and condition of service.
In view of the aforesaid fact, the writ petition is hereby dismissed. It is however, observed that if any representation of the petitioner is pending, that may be considered by the authority concerned.
No order is passed as to costs.
Order Date :- 22.7.2010 V.Sri/-