BRAJESH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner has approached this Court seeking quashing of an order contained in Memo No. 1722 (23) dated 19th August 2013 (Annexure-6) whereby the transfer order passed by the Regional Deputy Director, Health Services, North Chhotanagpur Division, Hazaribagh (Respondent No. 5) in respect of the petitioner vide Memo No. 529 dated 13th December 2012, has been cancelled, on the ground that the Regional Deputy Director does not have the power to transfer the petitioner who is a Clerk Grade employee.

(3.) THE petitioner has also relied upon Annexure-7 being a resolution dated 24th May 2006 of Health, Medical Education and Family Welfare department wherein respective powers and responsibilities of different authorities like Regional Deputy Director, Health Services, Civil Surgeon-cum-Chief Medical Officer, Additional Chief Medical Officer, Dy. Superintendent of Sadar / Divisional Hospitals, In-charge Medical Officer, Referal Hospital / Community Health Centre and In-charge Medical Officer, Primary Health Centres have been delineated. A perusal of the said resolution itself indicates that the Civil Surgeon -cum-Chief Medical Officer of the concerned district has the power to transfer the employees within the district belonging to class-III and Class-IV post. The petitioner belongs to the grade of Class-III employee working on the substantive post of Clerk. In such circumstances, since the petitioner was posted on the substantive post of Clerk at Primary Health Centre, Ichak within the district of Hazaribagh, the power to transfer such Class-III and Class- IV employees has been conferred upon the Civil Surgeon-cum-Chief Medical Officer of the concerned district. In such circumstances, reliance upon such resolution at Annexure-7 placed by the petitioner to defend the order of transfer issued by the respondent no. 5 - Regional Deputy Director, Health Services, North Chhotanagpur Division, Hazaribagh is misplaced. Learned counsel for the petitioner has relied upon the judgment rendered in the case of Ram Prasad Mahto & others vs. the State of Jharkhand & others [2003 (1) JLJR 427] in support of his contention that since the order of transfer has taken effect, the same cannot be annulled by subsequent order as issued by the Director-in-Chief, Health Services.