^^f^S^.^S IN THE HIGH COURT OF JUDICATURE AT BILASPUR (CHHATTISGARH) W.P.NO.^0^0 OF 2003 i PETITIONER 5mt. Anjani Sharma, aged about 29 years, W/o Akhilesh, Female Health Worker,Section Lokhandi, Community Health Centre, Takhatpur, Distt. Bilaspur [C.G] VERSUS 1. ^^'^ State of Chhattisgarh through Secretary, Department Health 85 F^&iily Welfare, Mantralaya, K. S. Bhawan, Raipur, [CG] Chief Medical & Health Officer Bilaspur [Chhattisgarh] 3. Smt. C. Baghel, A N M, Section Belsara, Cominunity Health Centre, Takhatpur, District Bilaspur.jj3hh^fetisgarh] WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT IN NATURE OF CERTIORARI, MANDAMUS PROHIBITION AND OTHER SUITABLE WRIT OR WRITS, DIRECTION OR DIRECTIONS, ORDER OR ORDERS: ^;^ ^ XI-HC-22 3^ "41^1^)'4, ^Tfl'M^KS, (s|<r11^^< 3ll^l Mach . j^ .{:t9p.:. .vn.?. ^l^c^l sh^ich ------------ ^ 200^ 3TT^T^)T f^ri^^n^T $b^i<=h^rf?cT ^h^}^ W^T ^RTTW: ^rf?<T 25.9.200e Shri Abhishek Sinha, Shri Utkarsh Verma, respondents no.1 and 2. None for respondent no| Heard finally with the co|isent Order dictated as foliowl cojjnse! for the petitioner. Cpeputy Govt. Advocate for the State/ |3, though sen/ed. of the parties. ORlAL ORDER petiticjner who By this writ petition Constitution of India, the in Community Health Centr^, Bilaspur, ha.s challenged her 0(1 P-3) by whjch she was transf^ section Beisara, Communjty h1e< (C.G) on administrative groun<| no.3 who was working as A.N.f was transferred to Communpty Takhatpur, Distt, Bilaspur in pl^ Brief facts are that th| heaJth worker in December Health Center, Janjgir, Distt. J|i 2000 she was transferred Chief Medical & Health transferrec! to Patharia in sub^ posted in I.C.D.S. Again vid^ was transferred from I.C.D.S.I <=bi^f<rl41'l HW^rf ^ te^t" iRt^K ^3Tf^T3T1^r Ifiled under Articte 226/227 of the was working as Health Worker section Lokhandi, Thakatpur, Dist. <rder oftransfer dt.18.6.2003 (Annexure tsrred from the said place of posting to (ealth Centre, Takhatpur, Distt. Bilaspur |s. By the said order jtseJf. respondent j^. in section Belsara C.H.C. Takhatpur, Health Center, Section LokhandJ, ^ce of the petitioner. petitioner was appointed as female [1995 and was posted in Community lanjgjr Champa. Thereafter, in the year Janggir to Bilaspur in the office of Later on. the petitioner was ^centre Bhatgaon from where she was order dated 27.5.2002, the petitioner |to Lokhandi Section under Commy^jt^--'" Nm Officer ^^^&^ XI-HC-22 3TI^T^T R^rchW^T ^TW^rf?cf ^TW 3'sr^Trai^PT, ^Tfl'y^Ko, f°i<nw4,< 311^1 M5«ch . AL3<P\ *4|l<dl shtiltb •^^•••"•-^^•"-^ 200^ 3TI^T ^cTTW^T^ ^ri?< -Z-1 cbi^I^i41ri wraf ^ f^t <^i<-<.i< ^)3Tf^T3TT^T Health Centre, Takhatpur. Sh|e was relieved on 03.6.2002 and in compliance of the aforesaid oijder, the petitioner joined the office of Block Medical Officer, C.H.C.,1 Takhatpur on 05.6.2002. Thereafter, vide impugned order dated subjected to transfer shifting 18.6.2003 again the petitloner was her from Lokhandi to CHC Belarsa Section, Takhatpur and respor|dent no.3 was brought in p!ace of the petitioner. Referring to the conten^ counsel for the petitioner sull shown to be transferred on he< has been transferred on admi^ learned counse! for the petitiof face of it shows that the s^i respondent no.3 because aga| no.3, transfer of petitioner was hand the order passed against ^ of the order Annexure P-3, iearned |mits that respondent no.3 has been own expenses whereas the petitioner ^jstrative grounds. The submission of ^ier is that the impugned order on the |me was passed for accommodating |nst the choice transfer of respondent ^ffected. His submissjon is that on one ^he petitioner is a frequent transfer and Though the State has on the other hand, the same arjiounts to arbjtrary and maiafide action on the part of respondents. H^ prays for quashment of the aforesaid order. |causeci appearance but no reply on behalf of the State has been fil^d in this case. A perusal of the order sheets of this Court would ^how that by an interim order dated 23.7.2003, Jt was directed that fhe petitioner shalt not be redeved from her present place of posting ur| the petitioner submits that in itij further orders. Learned counsel for ^ursuance of the aforesaid order, the ^/^^^—-——.-^-.--^ XI-HC-22 3^T ^Nicn^, ^Tn^4i<o, f^cni'Hy< 311^1 M5|C»> ^-^.. i^.-Jf7; .^p.:. .'^0^.0. ^l^dl sb^lcb •-—-----44-^ 2003 OT^RT^T f^ff^^n^T 5hHi<t) <Rf?cT 5W1^ 3:n^?T ^cTT^K ^f?cT -3- petitioner was working in Lokh^ of stay granted by this Court,s^ The order of transfer w| respondent no.3 has been s| expenses whlch literally mea| concerned, it was a cholce trarl place of the petitioner and Jn no.3 according to her choice, ^ cbl<l?Ql41r1 HTR^ff ^ te1c^t <f^«l< ^3Tf^R'3TI^T ndi. HJS submission Is that as an effect le has been benefited. 3uld show that in fact, the petitloner js said to have been transferre^l on administrative ground whereas lown to be transferred on her own n© that so far as the incumbent is sfer for her. It appears that in fact, the transfer of the petitioner was fp^ accommodating respondent no.3 in srder to accommodate the respondent ;ome body was to be s?iifted from that place i.e., Lokhandi and the pe1|itioner has been chosen to be removed from the said piace. In the facts and circurfistances of this case, this transfer is malafide when it is made not for professed performance, such as in normaf course or in public or administrative interest or in the exigencies of service byt for c|ther purpose than is to accommodate another person for undisclosefl reasons. Jt is the basic principle of rute of law and good administi|ation, that even administrative actions should be just and fair. 1 am fortified in my views by the decjsion of the Apex Court rendered in th^ ofKarnstaha. AIR 198B S.C. f|9S6. Pff.i955. !n the above facts and The impugned order Annexure Consequently, M.W.P.N| and !.A.no.6269/2006for urgen| matter of B. Varadha Rso -vs-State ^ircumstances, the petition is alloweci. P-3 is hereby quashed. ^.1875/2003 for grant of a.d-interim writ t hearing stand disposed of.Ci ' ^ ^ / / Rao/ s^ -sdl'.>rS^a ^^^i ^y