- (1.) Heard Mr. Manish Kumar, learned Counsel for the petitioner and learned Standing Counsel for opposite parties No. 1 to 5.
(2.) Through the instant writ petition under Article 226 of the Constitution of India, the petitioner has assailed the order of transfer dated 12.5.2010 passed by the opposite party No. 2?Special Secretary, Medical and Health, U.P., Civil Secretariat, Lucknow as contained in Annexure No. 1, whereby the petitioner has been transferred from the post of Senior Consultant, S.S.P.G. District Hospital, Varanasi to Senior Consultant, District Hospital, Lal itpu r.
(3.) Mr. Manish Kumar, learned Counsel for the petitioner submits that after being selected through U.P. Public Service Commission, the petitioner was appointed on the post of Medical Officer on 14.2.1988 and while working as such, he was promoted on the post of Senior Consultant at S.S.P.G. District Hospital, Varanasi in the month of September, 2009. He submits that pursuant to the oral complaint being moved by unknown person, opposite party No. 6-Hon'ble Minister, Medical and Health, U.P. Civil Secretariate, Lucknow, summoned the petitioner, to which the petitioner tendered his explanation, wherein it has been stated that the patient was not operated prior to one month as his hemoglobin was below 5% and as soon as his hemoglobin was above 10%, he had operated the patient. He submits that there is no complaint ever made against the petitioner in his 22 years of service. Further, the impugned transfer order has not been passed either in public interest or in administrative exigency and as such, the petitioner has been transferred merely on the dictate of the Hon'ble Minister. He also submits that it is the policy decision of the Government that no one will be transferred during financial year 201 0?11.;