r^fe.,. S@te>X:l-HB-78 '"'a.sla ^EET ^IOIrt^, t»-CTl<M<l<*,Rril'HU'< G"^ n^b 11*l«l^TT^ \>-' 3I1^9T qsltp(ijc|(jc(<ri) W^ 200 afi^trwR-fi* ;w3n^?Tg>WR 8TOT8R^lfeT3II^?T (Sinqle Bench; Hon'bl W.P. fe] No. 1702/2008 (PetitionU/A 2?6 of Constitutionof India) pErmoNER Shri Nirmal Kumar Moses, S/o Shri Late Praka^ih Moses, Agedabout 57 years, Posted at Oflficeof C.M.O., Health Officer (€.&.), R/o sforapard, Raipur, Tahsil and District Raipuif (C6). Vs RESPONDENTS Sel Delptt. (C(| 2. Ch| Ra| 3. SH ab( Ral W.P. (Petition U/A 2 PETETIONER Vs RESPONbENTS q>l«[n<11-1fllCTV'tls'cl 'tlult^K ^aif^Tan^a Mr. Justice Dhirendra Mishra) 1. Stjate of Chhattisgarh, Through: Se|cretary, 1-iealth and Family Welfare ', Mantralaya, D.K.S. Bhawan, Raipur ^)] |ef Medical Officer/Health Officer, fpur (C6) iri V.K. S/o Late Shri B.P. Rawat, aged >ut 52 ysars, presently posted at Sc|mudayik Swasth Kendra Mohla, bistrict jnandgaon(CG). <& Is] No.6375/2007 p6of Constitution of India) Shri iNirmal Kumar Moses, S/o Shri Late Praka^h Moses, Aged about 57 years, Posted at Office of C.M.O., Mealth Offieer (C.6.), R/o p'orapara, Raipur, Tahsil and District Raiput' (C6). 1. S1|ate of Chhattisgarh, Through: S4cretary, Health and Family Welfare br" l^-hfip-78 ^TEsr '-<4i«irt«,t»-nl'M<io,T61ril<HU<' *l 1*101 ^TT^ an^sT q^cp (Iicrfg6ts) ^200 3?rt<T2RlR-<i* tWT31T^?Tfb«<i* ?^ff8R^HfeT3II^?T ^ (C6|) be| (C6 2. Chi Rai 3. Shi i^f Medical Officer/Health Officer, Raijiur (CG) }\ V.K. S/o Late Shri B.P. Rawat, aged abo|ut 52 years, presently posted at Sarjiudayik Swasth Kendra Mohla, District Raj|iandgaon (CG). Present: Ms.Sofia Khan Advocate for thej petitioner Mr. Y. S. Thakur, Dy. 6ovt. Advo|( Mr. Raja Sharma, Advocate for i|cate for the State. •espondent No.3. 11.11.2008 Heard. W;P.(S) No.l702/0«& V^ Nirmal Kumar Moses are being c|i Srievance of the petitiorf vide order dated 14.6.2007 Rajnandgaon to the office of place of respondent No;3 here) subsequently concelled on 7.2.; had already complied with the| 22.6.2007 vide Annexure P-7. <pi«[n<I1iiiinV^"fe^ '<luit^;]'< ifraif^Tail^n tt, Mantralaya, D.K.S. Bhawan, Raipur |.P (s) No.6375/07 filed by petitioner Shri isposed of by this common order. :r is that the petitioner was transferred (^nnexure P-1) from C.H.C., Mohla, Distt. 4hief Medical <& Health Officer, Raipur in |n, however, the transfer order has been .^008 though by that time the petitioner transfer order ond joined at Raipur on i^¥;^tll^®£ ^!^':~:'^^'':".SS^^. ^'•:;^-^^&£^ HC?78 ^Svff '«iqi«^,i»-a1<H<id7Rlril+lu'f ^ o t1l*l«l^TT^ sn^sT (WP (>jc(fj4ri) ^200 airttTiPiRHJ* ?WI3TI^9T**<i4> BTOTW^lfeT3II^?I •1> thlat On being asked, learned that transfer order of Annexui with the mutual consentof the| no such consent was given for regard in the transfer order is Learned counsel for the also filed rejoinder to the re| rejoinder ithas been stated order dated 22.5.2008 (Annex^ non-compliance of the Sovernmt Learned counsel for th< petition and passing of stati|; No.3692/07, it was revealed application for transfer on mu^i the above fact the transfer dated 7.2.2008. Since the above fact is| petitioner and since the tran{ passed on his own expenses, in is no illegality in cancellation fl|f erroneously passed on the basi^ <pi<<[n<l1i»ii*i<'>V*t'fai<i)'((ul'^l't ^ aiKfl aii^d jcounsel for the petitioner fairly submits \s P-1 mentions that the same was passed petitioner and respondent No.3, however, Ihe above transfer and observation in this trroneous. tietitioner submits that the petitioner has 1-urn filed by the State and in the said the petitioner has been suspended vide •e P-10) for resorting to illegal act and for ^nt's order pending enquiry. State submits that after filing of the js quo order by this Court in W.P. (s) the signature of respondent No.3 in the |ual basis is forged and after discovery of orjder wqs cancelled by the State vide order thht not disputed by learned counsel for the fer order of petitioner is shown to be •he considered opinion of this Court there the above order of transfer, which was of fabricated document. ^^'^^^ %^^f:^:::^ KSMS Mt-)"|<S-7g ^wT '^wivw, uT5\vi<f,KMmuv *fi*iCTiis'n^ sn^ST'wp (ijcffjci^) ^200 a»rt<Tmft;in? wnan^siiFqftR i^W- !^ BTOTiR flft?T SR^W So far as the prayer of| joining on 22.6.2007 at Raipur he has not been paid salary is the State and sa\ary may be p< he might have worked in tl verification from the concerned So far as the argument concerned, no relief has been against the order of suspensicjn, initiated departmental procee|ding allegations, the petitioner may initiated against him for the chi] With the aforesaid A copy of this order be p| <pi<if<'><ni *ii<i<»i"^ffai<si'<Rii'h,;i'( ^SI^TSIT^CT the petitioner that petitioner has given jnd performing his duties after joining but ^oncerned, the same may be considered by ^id to the petjtioner for the period which |e office of C.M.O., Raipur after due office. regarding suspension of the petitioner is |claimed by the petitioner in this petition i, However, since the State has already against the petitioner on certain ^articipate in the departmental proceeding ^rges leveled against him. i, the petitions Stand disposed of. laced in W.P. (S) No.6375/07.'J^wa obserivations ^^^ ^.- I^V:^ -^r ^fc^^ ^'1^:1'?;^II K:^'.'^^ •;^ KSSi vs •ss 'a .ift\.S3!ft ^^s^ 'es^sy. a» ^rt H