c^- '^-' IN THE HON'BLE HIGH COURT OF CHHATTISGARH ATBILASPUR W.P. (S) N0. S'30 /2011 PETITIONER ^^ ^^y ^•y ^•\^y...' €-E^ /^^ ^ <.^" ^ RESPONDENTS ^'^ ./ ^^,.~ -^"~^ ^sf^y : ^Smt. Sukriti Banchhor/ W/o Shri Thakur Ram Banchhor, aged about 46 years, R/o Power House Subhash Nagar, Bhilai, Pump No. 2, Near Pole No. 16, Bhilai, Distt. Durg (C.G.), posted as Women Health Worker at Sub Health Centre, Nawagaon (Dhamdha) Distt. Durg(C.G.), VBRSUS ^: 1. State of Chhattisgarh, Through - The Secretary Health and Family Welfare, Department, D.K.S. Bhawan, Raipur, Distt. Raipur (C.G.) 2. Director Health Ser^ices, Chhattisgarh Raipur (C.G.) .3. The Collector, Durg Distt. Durg (C.G.) 4. Chief Medical and Health y^ Seii'vices, Durg, Distt. Durg (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA HIGH COURTOF CHHATTISGARH : BiLASPUR WRIT PETITiON (S) No. 5319 OF 2011 PETITiONER Smt. Sukriti Banchhor Versus RESPONDENTS State of Chhattisgarh & Others CWrit Petition under Article 22S of the Constltutlon of india) Slngle Bench : Hon'bte Shri Satish K. Agnihotri, J. Present:- Shri B.P.Singh, Advocate for the petitioner. Shri Shashank Thakur, Panel Lawyer for the State. ashoR ORDER (ORAU (Passed on this 09th day of September, 2011) Challenge in thls petitlon is to the order dated 15.07.2011 (Annexure P-1), whereby, the petltioner woridng as Woman Heaith Worker at Sub Health Centre, Nawagaon (Dhamdha), has been transferred to Sub HeaSthCentre, Martara (Khandsara), on administrative grounds. Learned counsei appearing for the pefrtioner sybmits that under the transfer policy dated 13.06.2011 (Annexure Pl-2),it is cleariy stated that the Collector alone is competent to transfer the empioyees belonging to CSass-lil & IV services on proposai made by the other departments in approval of the minister in-charge. In the case on hand, Jt appears that the ChiefMedical & Health Officer, Durg, without following the guidelines issued In the transfer policy had passed the order impugned, when the Coiiector has been assigned the responsibiiity of transfer of the empioyees working in the concerned district, on proposai o? the concerned departments. Thus, tnis suffers from the defect of competence of the officer. Accordingly, the transfer is unsustainable in the eyes of law. As a result, the transfer order dated 15.07.2011 (Annexure P-1) in respect of the petitioner is quashed. Hovvever, liberty is reserved to the govemment to pass an appropriate order, if so advised, in accordance with iaw, in administratjve exigency and in public interest. Accordingiy, the writ petition is allowed to the above-extent. Sd/- . .. SatishK.A8"ibotrl Judge