^ ^^l^f ^^ys\^^^ ^^1. ^" y^ '^•>" o Slngto Bench BEFORE THE HQN'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) W.P.(S) No. M 133 Of2011 PETITIONER RESPQNDENTS 1. Jamuna Patre, w/o Shri K.K Patre, aged about 45 years, Village Khamariya (Junwani) Jai Stambh Chowk Junwani Post Jewra Sirsa District Durg (C.G) VERSUS 1< State of Chhattisgarh Through - The Secretary Health Department, D.K.S. Bhawan Raipur (C.G.) 2. Block Medical Officer Samudayik Swatsthya Kendra Dhamdha District Durg (C.G) WRIT PETITON UNDBR ARTSCLE 226 OF CONTITUTION OF INDSA FOR SSSUANCE OF WRIT OR MANDAMUS/DIRECTION OF OTHER APPROPmATE WmT, l^^JJ HIGH COURT OF CHHATTISGARH AT BILASPUR PETITIONER WRIT PETITION fS) N0. 4133 OF 2011 Jamuna Patre VERSUS RESPONDENTS State of Chhattisgarh & Another WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon'ble Shri Satish K. Asnihotri, J. Present: Shri Ajay Shrivastava, Advocate for the petitioner. Shri Ajit Singh, Panel Lawyer for the State/respondents. QRDER(QRAL) (Passed on 7th day ofSeptember, 2011) 1. Challenge in this petition is to the order dated 14.07.2011 (Annexure P/l), whereby the petitioner working as A.N.M. at Sub Health Centre, Rahtadah, District Durg, has been transferred to Sub Health Centre, Tumakala. 2. Leamed counsel appearing for the petitioner submits ,that under the transfer policy dated 13.06.2011, it is clearly stated that the Collector alone is competent to transfer the employees belonging to class III and IV services on proposal made by the departments in approval of the minister-in-charge. 3. In the case on hand, it appears that the Block Medical Officer, Community Health Centre, Dhamdha, without following the guidelines issued in the transfer policy, has passed the impugned order, when the Collector has been assigned the responsibility of transfer of the employees working in the concerned district, on proposal of the concerned departments. Thus^ this suffers from the defect of competence of the officer. Accordingly., the transfer is unsustainable in the eyes of law. 4. As a result, the transfer order dated 14.07.2011 (Annexure P/l), in respect of the petitioner, is quashed. However, liberty is reserved to the Government to pass appropriate order, ifso advised., in accordance with law^ in administrative exigency and in public interest. 5. Accordingly, the writ petition is allowed to the above extent. Sdl- -^y? ^OtYl