IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13231 of 2010 1. DEWENDRA KUMAR DUBEY S/O SRI KRISHNA KUMAR DUBEY R/O VILLAGE AND P.O. JALALGARH, P.S.- JALALGARH, DISTT.- PURNIA Versus 1. THE STATE OF BIHAR 2. DIRECTOR-IN-CHIEF, HEALTH SERVICES, BIHAR, PATNA 3. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, KHAGARIA ----------- 3 29.9.2010 A counter affidavit has been filed by the State. Perused the same. With the consent of the parties, this application is being disposed of at this stage itself. Petitioner has challenged ,Annexure-2, being transfer order, as contained in memo No. 775, dated 30.6.2010, issued by the Director–in-Chief ,Health Services, Bihar, Patna. Petitioner is an Ophthalmic Assistant at blindness Centre,Khagaria. By the impugned order he has been transferred from Khagaria to the newly created Sub-Divisional Hospital Sherghati, Gaya on the assurance given by the Minister in Bihar Legislative Council. Learned counsel for the petitioner filed this writ petition on 12.8.2010 stating that the transfer is punitive and he is on leave. The counter affidavit clearly states that after the transfer order was issued on 30.6.2010, a specific order was issued by the Civil Surgeon- cum- Chief Medical Officer, Khagaria on 8.7.2010 relieving the petitioner and directing him 2 to join at the new post. In view of the said letter (Annexure C to the counter affidavit), petitioner has been deemed to have been relieved with effect from 14.7.2010. In the counter affidavit it is also stated that his Last Pay Certificate has already been sent to Sharghati in July itself. It is also stated that the petitioner, under such circumstances, cannot be said to be on leave as he has not joined his transferred place after having relieved. Petitioner states that a reference to Annexure 2,the transfer order, would show that he has been transferred not only on basis of assurance given in the Legislative Council but on allegation. In clause(3) of the transfer order, it is stated that if subsequently at is found that the allegation and the information as against the petitioner is wrong, the transfer order would be cancelled. Petitioner asserts that there were allegations against the petitioner, which have been inquired into and the Civil Surgeon, Khagaria himself has reported to the Director–in-Chief, Health Services, Bihar, Patna that the charges could not be established . This was in the year 2006 itself. Whereupon the Director- in- Chief Health Services, passed order exonerating the petitioner in the year 2009. Petitioner states that thus there is no proceeding pending against the petitioner and still the transfer order has been issued and is not being cancelled. Having examined the facts, in my view, what clause (3) of the transfer order refers is not to any allegation against the petitioner, which is pending but against the allegation that the 3 petitioner has been at Khagaria for over 20 years because if we refer to the question and answer given to the Legislative Council it is apparent that what was the question sought was that contrary to the Government Policy.Petitioner had managed to stay at Khagaria for over 20 years. Thus seen, clause (3) does not refer to any departmental proceeding or any such thing but to the allegation of over staying of petitioner. It is not a stigma in any manner. The fact that the petitioner has been at Khagaria for over 20 years is not in dispute . Petitioner states that he was under suspension and accordingly was posted at Khagaria. Whatever may be the reason, he has remained at Khagaria for over 20 years, he has no right to continue at a particular place for such a long period. Petitioner then asserts that there are large number of other Health workers and posted at Khagaria for over 20 years but none has been touched . In the counter affidavit it is stated that the matter is being inquired into. In view of the aforesaid , I find no merit in this application and it is dismissed accordingly.Interim stay order is accordingly vacated . However, I would direct the Director–in–Chief, Health Services, Bihar,Patna to inquire into the matter of persons, who are remaining at one station for more than five years and issue necessary direction for their immediate transfer, so that the petitioner cannot urge hostile discrimination . If there is a policy of transfer, it must equally applied to all. The 4 Director-in Chief, Health Services, Bihar, Patna to take necessary expeditious steps in this regard. singh ( Navaniti Prasad Singh, J.)