^ 1 < IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) N0.S^b% / 2011 PETITIONER /^ff\[ ^y-:'\^ -^^v ^l- (^' RESPONDENTS / :Chandan Meshram S/o Late Haridas Meshram Aged about 36 years, Posted as Multipurpose Health Worker (Male), Sub Health Centre, Rampur, Community Health Centre, Dongargarh, R/o Stationpara, Ward No-1 1, Dist- Rajnandgoan (C.G) Versus 1) State of Chhattisgarh Through Secretary, Department of Health & Family Welfare, Mantralaya, D.K.S Bhawan, Dist- Raipur (C.G) 2) ''" Collector, Rajnandgoan, Dist- Rajnandgoan 3) Chief Medical & Health Officer Rajnandgoan, Dist- Rajnandgoan 4) Dhanukram Jatti Aged about 40 years Working as Multipurpose Health Worker (Male), Sub Health Centre, Gatapar, Community Health Centre, Chhuiekhadan, Dist- Rajnandgoan z WRIT PETITIQN UNDER ARTICLE 226 QF THE CONSTITUTION OF INDIA FOR ISSUANCE OFA SUITABLE WRIT QRDER OF DIRECTION TO DO JUSTICE IN THE MATTER. HIGH COURTQF CHHATnSGARH_LBjLASPUR WRIT PETiTION (S) No. 5608 OF 2011 PETITIONER Chandan Meshram Versus RESPONDENTS State of Chhattisgarh & Others Writ Petition under Artide 226 ofthe Constitution of India) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. ^ Present:- Shri H.S.Ahlywalaa, Advocate forthe petitioner. Shri Arun Sao, Government Advocate for the State. 5. ORDER .r -. . . (Passed on this 21st day of September, 2011) Cha!lenge in thte petltion Is to the order dated 15 Ju!y, 2011 (Ansiexure PB-1), passed by the Chief MedJGal & Health Officer, Rajnandgaon, whereby, the petitioner working as Muttlpurpose Health Worker (Mate) at Sub Health Centre, Rampur, Commynity Health Centre, Dongargarh, has been transferred to Sub Heaith Centre Bharritola, Community Health Centre, IVtanpur, on adminsstrative grounds. Learned counsel appearing for the petitipner submite that under the transfer polscy dated 13th June 2011 (Annexure P-7), it Is cieariy stated that the Collector alone is competent to transfer the employees betonging to Class-111 & IV services on proposal made by the other departments inapproval ofthe minister m-charge. In the case on hand, it appearB that the Chief Mledical & Health Officer, Rajnandgaon, without foilowing the guidelines Issued in the transfer poiicy had passed the order impugned, when the Collector has been assigned the responsibilsty of transfer of the employees workiog in the concerned district, on propc^aJ ofthe concemed departments. Thus, this suffers from the defect of competence of the officer. Aocordingly, the transfer is unsustainablein the eyes of law. As a resuit, if the petitioner has atready notbeen relieved, the transfer order dated 15 July, 2011 (Annexure P-1) in respect of the petitioner, shall not be given effect to, until a fr^h order is passed by the competent aythority in public interest and administrative exigency. Accordlngly, the writ petition is ailowed to the above-extent. ashok s<v- . . SatishK.A^how Judge