> r 81KGLE BEWCH IN THE HON»BLEHIGH COURT OF CHHATTISGARH ATBILASPUR W.P. (Sl N0. $^5 3 ° /2011 PBTITIONER : Smt. Chitralekha Sahu, W/o Shri Radheshyam Sahu, aged about 44 years, R/o Ashish Nagar, Risali, Bhilai, Distt. Durg (C.G.) at present posted at Women Health Worker Sirri (Gunderdehi). VERSUS RBSPONDENTS : 1.'. State ofChhattisgarh, Through - The Secretary Health and Family Welfare, Department, D.K.S. Bhawan, Raipur, Distt. Raipur (C.G.) 2. Director Health Services, Chhattisgarh Raipur (C.G.) 3.^ The Collector, Durg Distt. Durg (C.G.) 4. Chief Medical and Health }e^jce^> Durg, Distt. Durg (C.G.) WMT PETITION UNDBR ARTICLE 226 OF THE CQNSnTUTION OF INDIA \A}-^ ^^^- ^et%^ ..>^-:("^Y . ^<:>/"..^*' ..••''*'- ^--^ ^ PETiTiONER RESPQNDENTS HIGH COURTOF CHHATTSSGARH : BILASPUR WRIT PET!TiON (S) No. 5330 OF 2011 Smt. Chitratekha Sahu Versus State of Chhattis9arh& Others OA^rit Petition under Article 226 of the Constitution of India) Singie Bench : Hon'bie Shri Satish K. Agnihotri, J. Present:- Shri B.P.SJngh, Advocate for the petitioner. Shri Ajit Singh, Panel Lawyer for the State. £\ 4. 5. ORDER CORAU (Passed on this 09tl>1 day of September, 2Q11) Challenge in this petition is to the order dated 15.07.2011 (Annexure P-1), whereby, the petitioner working as Woman Heaith Worker at Sub Heaith Centre, Sirri (Gunderdehi), has been transferred to Sub Heaith Centre, Dhourabhatha (Saja), on administrative grounds. Learned counsei appearing for the petitioner submite that under the transfer policy dated 13.06.2011 (Annexure^P-2), it is cleariy stated that the Coii^?tor aione is competent to transfer the employees belonging to Ciass-ii! & IV services on proposal made by the other departments in approval of the minister in-charge. !n the case on hand, St appears that the Chief Medical & Heaith Officer, Durg, withoot foiibwing the guidelines issued in the transfer policy had passed the order impugned, when the Coilector has been assigned the responsibiilty of transfer of the employees working in the concerned distnct, on proposal of the concerned departments. Thus, this suffers from the defect of competence of tHe officar. Accordingiy, the transfer is unsustainable in the eyes of iaw. As a result, the transfer order dated 15.07.2011 (Annexure P-1) in respect of the petitloner is quashed. However, liberty is reserved to the government to pass an appropriate order, if so advised, in accordance with iaw, in admlnistrative exigency and m public interest. - Accordingiy, the writ petition is aiiowed to the above-extent. ashck Sd/- Sarish K. Agnihotri Judge