IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11182 of 2010 1. DR.PARMESHWAR OJHA S/O LATE RAMDENI OJHA R/O VILL SIMRA, P.S.SAHEBGANJ, DISTT-MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF HOME (POLICE) GOVERNMENT OF BIHAR, PATNA 3. THE DEPUTY SECRETARY, DEPARTMENT OF HOME (POLICE) GOVERNMENT OF BIHAR, PATNA 4. THE SECRETARY, DEPARTMENT OF HEALTH GOVERNMENT OF BIHAR, PATNA 5. DR. SHAMIMUL HAQUE, MEDICAL OFFICER, POLICE HOSPITAL PATNA 6. DR. KALPNA MISHRA , MEDICAL OFFICER, POLICE HOSPITAL PATNA 7. DR. SUMAN NAYAK , MEDICAL OFFICER, POLICE HOSPITAL MADHUBANI ----------- 2 6.8.2010 The petitioner is a doctor in the medical profession. He is in Bihar Health Service but has been sent on deputation to the Home (Police) Department and was posted as such at Police Hospital , Patna. While he was in Police Hospital, Patna he has undertaken career advance study to do his Ph.D in Radiology which as per petitioner would take about another one year. The work is being done at Patna Medical College Hospital, petitioner has now been transferred to Police Hospital, Purnea by the Home Department. He has filed two representations in this regard,firstly to the Home (Police) Department to permit him to continue at Patna for some more time so that he can finish his doctorate-ship and secondly he has filed representation before the Health Department, his parent department, requesting them to withdraw his deputation as he is unwilling to such deputation. On behalf of the petitioner it is submitted that it is only to - 2 - accommodate some person at Patna, whose home town is Patna that petitioner is being moved to Purnea and another person being posted at Patna in his place. He further submits that it is established principle that a deputationist cannot be kept on deputation against his will. In my view, it would not be proper to adjudicate this aspect of the matter at this stage because, in my view, the representations of the petitioner to the Home(Police) Department and the Health Department must be first considered and disposed of immediately not later than two weeks from the date of production of a copy of this order and with a copy of fresh representation in this regard before the two authorities. The order, so passed, would be communicated to the petitioner accordingly at the earliest not later than three weeks from the date of production of order before them. It may be kept in mind that this is the matter relating to transfer and as such both the authorities must deal expeditiously. It shall be the responsibility of the Secretary, Home(Police) Department and the Secretary, Health Department, Govt. of Bihar to ensure proper and prompt compliance of the order of this Court. With the aforesaid observations and directions, the writ petition stands disposed of. For a period of three weeks from today, the order of transfer of the petitioner to Police Hospital, Purnea, shall be kept in abeyance. singh (Navaniti Prasad Singh,J)