% ’ [my/A Q amg‘ga agnah BEFORE THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR ]C.G.[ No. D.K.S. Bhawan, Raipur (C.G.) 2. Chief Medical Officer Durg (CG) WRIT PETITON UNDER ARTICLE 226 OF THE CONTITUTION OF INDIA FOR ISSUANCE OF WRII OR MANDAMUSIDIRECTION OF OTHER APPROPRIATE WRIT. PETITIONER Vanita Hirwe W/o Shri Shankarlal Hirwe Aged about 36 maww 2 years Female PR.No*.... ay. gsiwg$sgilrf°:ei:§:::; P‘ esemwm 3hr X . .g '. . gy . as V1n1ta H1rway 1n the transfer dated....-w-i?‘":. ) g1 1g“ VERSUS RESPONDENTS 1. State of Chhattisgarh Chhattisgarh Through — The Secretary Health HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION ( S) No. 5042 of 2011 PE'I‘I’I'IONER : Vanita Hirwe. VERSUS RESPONDENI‘S : State of Chhattisgarh & Another. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA SB: Hon’ble Shri Satish K. Agnihotri, J. Present: Shri Ajay Shrivastavaq Advocate for the petitioner. Shri Arun Sao, Government Advocate for the State/respondents. ORDER (ORAL) (Passed on 30m day of August, 2011) ”It I. Challenge in this petition is to the order dated 15.07.2011 (Annexure P/l ), whereby the petitioner Working as Female Health Worker at Suh Flealth Centre. Centre. Girhola, Dhamdha. has been transferred to Sub Health Centre. Bandhi. Khandsara, on administrative grounds. 2. Shri Shrivastava. learned counsel appearing for the petitioner submits that under the transfer policy dated 13.06.20 1 1, 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 Chief Medical & Health Officer, Durg, 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 15.07.2011 (Annexure P/l) in respect of the petitioner is quashed. However, liberty is reserved to the government to pass appropriate order, if so advised, in accordance with law. in administrative exigency and in public interest. 5. Accordingly, the writ petition is allowed to the above extent. Sdl- SATISH K. ANGNIHORI Judge