IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6681 of 2011 ====================================================== Chandraket Narayan Singh, aged about 60 years, S/O Late Ram Sakal Singh, Resident of Village- Bishunpura, P.O.- Goldinganj, P.S. Chhapra (Mufassil), District- Saran .... .... Petitioner Versus 1. The State of Bihar through the Principal Secretary, Department of Health, Govt. of Bihar, New Secretariat, Patna 2. The Director-in-Chief, Health Services, Govt. of Bihar, New Secretariat, Patna 3. The Commissioner, Saran Division, Chhapra 4. The Regional Deputy Director, Health Services, Saran Division, Chhapra 5. The District Magistrate, Saran at Chhapra 6. Civil Surgeon cum Chief Medical Officer, Saran at Chhapra 7. The Superintendent, Sadar Hospital, Chhapra 8. The In-Charge Medical Officer, Primary Health Centre, Bheldi Parsa, Saran Division, Chhapra .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Suresh Pd. Singh For the State : Mr. S.S.Mishra, AC to AAG-7 ====================================================== CORAM: HON’BLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 3 08-09-2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner seeks quashing of the order dated 25.3.2011 passed by the Civil Surgeon-cum- Chief Medical Officer, Saran at Chhapra by which he has transferred the petitioner from the Civil Surgeon office to Additional Primary Health Centre, Bheldi (Parsa) Saran at Chhapra with immediate effect, and he further seeks quashing of the order Patna High Court CWJC No.6681 of 2011 (3) dt.08-09-2011 2 / 4 2 dated 1.4.2011 passed by the Regional Deputy Director, Health Services, Saran Division, Chhapra by which he has cancelled the letter dated 28.3.2011 and directed the petitioner to submit his joining in compliance of the order dated 25.3.2011. Learned counsel for the petitioner has essentially made two submissions in support of the stand of the petitioner. It is firstly submitted by him that the order of transfer has been passed by the Civil Surgeon on the direction of the District Magistrate who does not have any authority to direct transfer in such matters and for the said reason the impugned order is bad. The other submission of learned counsel is that the impugned order has been passed almost six months prior to the date of superannuation of the petitioner on 30.9.2011 and thus it violates the transfer policy of the Government. It is also urged by learned counsel that the order of transfer of the petitioner is mala fide in order to satisfy the ego of another Head-clerk, Bipin Bihari Verma who was posted in the same office and had to be transferred under orders of the Government. So far as the question of mala fide is concerned, none of the persons allegedly having malice Patna High Court CWJC No.6681 of 2011 (3) dt.08-09-2011 3 / 4 3 have been made party by name and thus that issue cannot be considered in the absence of such necessary parties. So far as the action of the Civil Surgeon in transferring the petitioner on the basis of the order of the District Magistrate is concerned, it is true that the power of transfer is vested in the Civil Surgeon but the said power is exercised purely as administrative power and not quasi judicial power, hence, it cannot be said that the order is bad merely because he has acted on the direction of the District Magistrate. So far as the question of violation of the guidelines regarding transfer is concerned, from the counter affidavit filed on behalf of the Civil Surgeon-cum-Chief Medical Officer, who is not the same person who has passed the order of transfer, it has come out that there was a dispute going on in the office of the Civil Surgeon-cum-Chief Medical Officer, Saran at Chapra between the petitioner and said Bipin Bihari Verma, for acting on the post of Head-clerk as a result of which the office work was badly disturbed and was deteriorating day by day and thus for the smooth functioning of the Civil Surgeon office and the district as a whole, the then Civil Surgeon-cum-Chief Medical officer had Patna High Court CWJC No.6681 of 2011 (3) dt.08-09-2011 4 / 4 4 put up a detailed note before the District Magistrate, Saran for transfer of both the clerks. The District Magistrate after due consideration and on administrative ground approved the proposal of transfer of both the writ petitioner and said Bipin Bihari Verma and both have been transferred on administrative ground. Thus the question of application of the transfer guidelines regarding last year of service does not arise at all. Moreover, from the materials on the record, it is evident that earlier the transfer was stayed by the Regional Deputy Director, Health Services, Saran Division, Chapra but the same was set aside by the Principal Secretary, Health Department, Government of Bihar. Thus, on a consideration of the entire facts and circumstances, it does not appear that the transfer order has been passed in violation of the relevant guidelines or established procedures. The writ application is, accordingly, dismissed. S.Pandey/- (Ramesh Kumar Datta, J)