(0 WW: aw IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR w.P. ts) No. 6%3 /2011 WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PETITIONER Smt. Asha Dubey, W/o Shri Ashok Dubey, aged about 35 years, R/o V.I.P. Nagar Risali, Ward No. 52, Bhilai, Tahsil 8s \ 135g Distt. Durg (C.G.) posted as w é/w Women Health Worker at Civil §§$ Hospital Supela, Bhilaj, in the $ health department Distt. Durg e (C.G.) VERSUS l kt RESPONDENTS : 1. (gtate of Chhattisgarh, Through - The Secretary Health and Family Welfare, Department, D.K.S. Bhawan, Raipur, Distt. Rajpur (C.G.) Mm 2. Director Health Services, Chhattisgarh Raipur (C.G.) 3.‘/ The Collector, Durg Distt. Durg (C.G.) 4, / Chief Medical and Health Officer, Durg, Distt. Durg (C.G.) D: ll.T ! HIGH CGURT OF CHHATTESGARH : BILASPUR WRIT PETiTiON (S) N0. 5423 OF 2M1 Versus RESliONDENTS State of Chhattisgarh & Others (Writ Petition under Ar1icle 226 of the Consiitution of India) Singie Bench : Hon’ble Shri Satish K. Agnihotri, J. Presem :- Shri B.P.Singh, Advocate forthe petitioner. Shri Arun Sao‘ Government Advocate for the State. dShOk ORDER (ORAL) (Passed on this 15‘” day 0f Sepiember, 201 1) Chai!enge in this petition is to the order dated 15.07.2011 (Annexure P4), whereby, the petitioner working as Woman Health Worker at Civii Hospital Supeia, Bhiiai, has been transferred to B.M.O. Khandsara (Sub Health Centre), on administrative grounds. Learned counsel appearing for the petitioner submits that under the transfer policy dated 13.06.2011 (Annexure P-2), it is clearly stated that the Cotiector alone is competent to transfer the empioyees belonging to Class—iii & lV services on proposal made by the other departments in approval of the minister in-oharge. tn the case on hand, it appears that the Chief Medical & Heaith Officer, Durg, Without following the guidelines issued in the transfer poiicy had passed the order impugned, when the Cotiector 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 detect of competence of the ofhcer. Accordingly, the transfer is unsustainable in the eyes of law. As a result. the transfer order dated 15.07.2011 (Annexure P-1) in respect of the petitioner is quashed. However, liberty is reserved to the government to pass an appropriate order, if so advised, in accordance with law. in administrative exigency and in public interest. Accordingly, the writ petition is allowed to the above-extent Sdl- l‘TIONER Smt. Asha Du’oev