BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR W,P1S)No.^/t/(a /2011 PETITIONER olJ--l^ ^^)^^ ^c^1"".^-^ ^..•%^>-'-^,...-^ ^^:^^:;..--:^ ?^e^s'^---^0 ?<* A»'A.--' f. RESPONDENTS Smt. Chandrika Baghel, W/o. Manthir Lal Baghel, aged about 43 years, Female Health Worker (Auxiliary Nurse & Midwife), R/o. Ahiwara, Ward No.6, Tahsil-Dhamdha, Dist.Durg (C.G.) VERSUS :1 The State of Chhattisgarh, Through : the Secretary, Department of Health, D.K.S. Bhawan, Raipur (C.G.) 2. Director, Health Services, D.K.S. Bhawan, Raipur (C.G.) 3. Chief Medical & Health Officer, Durg, District Durg (C.G.) 4. Block-Medical Qfficer, Dhamdha, District Durg (C.G.) 5. Medical Officer, hlealth Center Ahiwara, Block Dhamdha, Dist. Durg (C.G.) WRIT PETITION UNDERARTICLE 226 OF THE CONSTITUTION OF INDIA, 1 PARTICULARSOF THE PETITIONER As mentioned above in the cause title. 2: PARTICULARSOF THE RESPONDENTS As mentioned above in the cause title. 1 "~r--:"r:-)^ii.iir-r i i 1 i'l-'iyC.f^ h-^3,.^ -•~"~ls 1;GS~' .'^.S' J^LJ'LJ ATTi^'-i^ •s. £?LJ - r3'f~: AOSSS a£5 ;'l»sr~s 'w^!i-is-\ i •;wT •i-/3~ii-nrt i s io\-i^3~\n . Oi,-/^orrus'\ 1A??3^T SST'Tl^'v' /O^ ?.^i-. S-^ ^^ r^C: ^n-l 's yVi"^.i i r"!^. ; 1 i ii-/a^j (O.) r'10. ^.5 ; a?ij -^r ^;U I ; ;mt Chsndrika Baahe! v'eisuai ^^.^^^^^ T3':f"*i". iF^S: ^. 4'TG1 rr*~—-'i^L^£-a'yj o ;tate of Chhattisgarh & Otners (Writ Petltion under Articie 226 of the Constitution of !ndla) Sinais Bench : Hon'bte Shri Satish K. Aanthotri, J. Pr-ssent:- Shri A.K.P'asad, Advocate for the petitioner. Shri Arun Sao, Government Advocate for the State. f~''^n>s:p //^p^i \ '^'T\'^£».'T\\\^i~\r\i-f ('Passsd on thls OS'" dav of Ssptember, 2011) 1. Chaiisngs in thls petition is to the order dated 15.07.2011 (Annexure P-1). wherebv the Det'tioner workina as Female Heaitn Worker at 30 Beds Hospltal Ahiwara, has been transferred to Community Health Center Ghiwari, Saja, on administrative grounds. •s. Leamsd counsei aDpsaring for the oetitioner subinits that under the transfer po'icy datsd 13.06.2011, it is cisarty stated thai the Co!!ector aione is compstent to transfer the employees belonging to Ciass-ill & !v sen/ices on proposgj made by the other departments in approval OT IHc miuiSISi iH'"Cri3rQG. In the case on hand, it appears that the Chief iVIedlcal S Health Oficsr, District Curg, without followtng the guidelines issued in the transfer policy had passed the order impugned, when ths Coiiector has been asslgned the responsibiiity of {ransfer of the employees working in the concerned district, on proposal o'- the concerned departments. Thus, this suffers from the defect of competence of the o'mcer. Accordingiy, the transfer is unsustainable in t'ne eyes of lav/. As a i'esu!t, the transfer order dated 15.07.2011 (Annexure P-1) in rsspsct 6f the petitioner is quashed. Hovi/ever, iiberty is reserved to the aovernment to psss ari aDDroDriate order, if so advised. in accoi'osncs Wiin is'vv, in ^.Qn'iinisirsiiVc ©xiQsncy BHQ in PUDIIC JHI8FSST. Accordingiy, She writ pet'tion is ailowed to the sbove-extent. No order ssto cosfs. say^^ ^^1'otfi ^ a• ffla^ a