S.P.Srivastava - (1.) THE petitioner who was posted as Prayogshala Pravidhik (Chikitsa Sanvarg) which is a post falling in group-C, and posted at District Government Hospital, Deoria was transferred by the Chief Medical Officer, Deoria vide his order dated 15-9-1992 and posted in the Leprosy Control Unit, Deoria. THE petitioner submitted a representation dated 16-9-1992 to the Additional Director. Gorakhpur Division, Gorakhpur, against the aforesaid order challenging its validity on various grounds including that the said order was in flagrant disregard of the policy decision of the State Government. During the pendency of the aforesaid representation, the Chief Medical Officer, Deoria issued an order dated 19-9-1992 transferring the petitioner to Fajil Nagar, Deoria instead of Leprosy Control Unit, Deoria and amending the earlier order dated 15-9-1992 accordingly. It is not disputed that the place where the petitioner stood transferred order the order dated 19-9-1992 was at a distance of 67 Kilometeres from the place of his earlier posting in District Hospital, Deoria. It further appears that the matter relating to various transfers effected during the midsession was brought to the notice of the Maha Nideshak, Chikitsa Swasthya Evam Parivar Kalyan, Uttar Pradesh, who issued a letter dated 16th October, 1992 requiring the Chief Medical Officer, Deoria to explain as to why inspite of a ban having been Imposed on transfers subsequent to 30th June, 1992 under the policy decision of the State Government dated 20-5-1992 subject to the only exception of unavoidable circumstances which justified such transfer after complying with the procedural safeguards provided for in the said policy decision, how and in what circumstances, such mid-session transfers had been ordered without obtaining prior approval from the Additional Director Regional. Under the aforesaid letter, the Chief Medical Officer, Deoria was directed to bring to the notice of the Maha Nldeshak. Chikitsa Swasthya Evam Parivar Kalyan, Uttar Pradesh the unavoidable circumstances, which had necessitated the mid- session transfers along with the documentary proof etc A true copy of the said letter has been filed as Annexure-6 to the writ petition
(2.) IN the aforesaid circumstances when the Chief Medical Officer, Deoria instead of complying with the directions of the Directorate as indicated above proceeded to enforce the transfer order passed against the petitioner, the present writ petition was filed on 3rd November, 1992 praying for the quashing of the order 15-9-1992 as modified by the order dated 19-9-1992 IN the writ petition, apart from the facts referred to above, the petitioner also brought to the notice of the Court by means of a supplementary affidavit, the fact that the orders relating to his transfer bad been passed at the instance of Sri Kavindra Mall, a local member of Legislative Assembly in support of which assertion of fact, a photo copy of the letter dated 10-9-1992 sent by the said member of Legislative Assembly was filed wherein the Chief Medical Officer, Deoria bad been requested to transfer the petitioner from the District Hospital as he did not look after properly the party workers and several complaints had been received in that connection, ln the aforesaid letter, the local member of Legislative Assembly had requested that after transferring the petitioner, the information in this regard should be communicated to him at once. A counter affidavit in reply to the allegations made in the wilt petition and the supplementary affidavit was filed by Sri Budhai Prasad, the Head Clerk of the Chief Medical Superintendent, District Hospital, Deoria. In the counter affidavit, it has been asserted that the transfer order in question had been passed in pursuance of the order dated 17th August, 1992, passed by the Upper Nideshak, Gorakhpur, wherein Chief Medical Superintendent District Hospital. Deoria had been required to remove Mohammad Iliyas and Gorakh Nath Pandey from the blood bank. A true copy of the letter dated 17th August, 1992 has been filed as Annexure-1 to the counter affidavit Budhai Prasad had also filed a supplementary counter affidavit, where In It has been asserted that the transfer order of the petitioner dated 15-9-1992 and 19 9-1992 had not been passed at the instance of the local member of the Legislative Assembly. Except this bald denial, the answering respondent has not disputed either the genuineness of the letter issued by Sri Ravindra Mall, the member Legislative Assembly and the request made thereunder Although the orders dated 15-9-1992 had been passed by the Chief Medical Officer, Deoria who has been arrayed as respondent No 2, no counter affidavit has been filed by him denying or controverting in anv manner, the assertions of the petitioner to the effect that the impugned orders had been passed at the behest of the local Member Legislative Assembly. I have heard Sri Ramesh Upadhyay, learned Counsel for the petitioner and the learned Standing Counsel representing the respondents and have carefully perused the record.
(3.) TAKING into consideration the nature of the dispute Involved In the present case. I am of the opinion that the present one is a fit case, in which the writ petition itself may be finally disposed of at this very stage under the II proviso of Rule 2 (1) of Chapter XXII of the Rules of the Court for which both the parties have jointly requested. In a constitutional set up, no one has unbridled or absolute power. The rule of law subordinates every functionary to its regulatory process. The activities of the State and public authorities should be fair and their dealings should be above board without aversion or affection and should never bo even suggestive of discrimination. Nothing should be done by them which gives an Impression of bias, favouritism or nepotism.;