IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12657 of 2011 Minta Kumari W/O Sunil Kumar Abgilla Devi Asthan, P.S. Manpur, Distt. Gaya Versus 1. The State Of Bihar 2. Principal Secretary Health & Family Welfare Department Govt. Of Bihar New Secretariate, Patna 3. Director-In-Chief, Health Services Govt. Of Bihar New Secretariate, Patna 4. Regional Deputy Director, Health Services Magadh Region Gaya 5. District Magistrate, Gaya 6. Civil Surgeon Cum Chief Medical Officer, Gaya 7. Incharge, Primary Health Centre, Belaganj, Gaya ---------------------------------- For the petitioner: Mr. Vivek Prasad, Advocate For the State; Mr. Anil Kumar Upadhayay, SC 20 ----------- 4. 5.9.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has approached this Court for quashing the order dated 25.6.2011 passed by the Regional Deputy Director, Health Services, Gaya by which the transfer of the petitioner and other Class-III and Class-IV employees under the Civil Surgeon, Gaya has been stayed, as also the order dated 1.7.2011 issued by the Director-in-Chief, Health Services, Bihar by which he has stayed his earlier order dated 28.6.2011 reviving the letter 25.6.2011 of the Regional Deputy Director, Health Services, Gaya and further to uphold 2 the initial order of transfer dated 13.6.2011. The petitioner is an A.N.M. and upon her transfer by order dated 13.6.2011 of the Civil Surgeon, Gaya, she had already joined at the place of transfer. In the meantime, the aforesaid order dated 25.6.2011 passed by the Regional Deputy Director, Health Services, Gaya and the order dated 1.7.2011 passed by the Director-in-Chief, Health Services, Bihar have come as a result of which the order dated 13.6.2011 of the Civil Surgeon, Gaya is stayed. In the counter affidavit filed on behalf of the respondent-State it is stated that the Civil Surgeon, Gaya had ordered the transfer of as many as 678 employees. With respect to the complaints received from the employees association raising manifold infirmities, including pick and choose, financial exploitation,a report was submitted by the respondent no.4, RDD, Health Services, Magadh Division, Gaya to the Director-in- Chief and Divisional Commissioner, Gaya with copies to the Health Directorate and the office of the Health Department in which a large number of illegalities and irregularities in the group transfer have been found. It is 3 stated that by letter dated 29.8.2011 the Health Department asked the Divisional Commissioner and the District Magistrate, Gaya to enquire into the matter and submit an enquiry report. It is submitted by learned counsel for the State that after receipt of the report of the Divisional Commissioner and the District Magistrate, Gaya immediate decision shall be taken. In view of the aforesaid stand of the respondent-State regarding large scale irregularities committed in the matter of transfer, this Court is of the view that no interference is called for so far as the impugned orders are concerned. The writ application is accordingly dismissed. However, considering the fact that large scale transfers have been made, including that of the petitioner, and many of the employees have acted upon the same and joined at their respective places of posting and serious inconvenience is caused to them, the respondent-authorities are expected to take an early decision in the matter preferably within two months from today. S.Pandey ( Ramesh Kumar Datta, J.)