Arun Tandon, J. - (1.) Heard Shri Vikas Budhwar on behalf of the petitioner and Shri-respondent. N. Tripathi on behalf of the respondent No. 3.
(2.) Counsel for the parties agree that the writ petition may be disposed of at the admission stage itself without calling for a counter affidavit.
(3.) Petitioner as well as respondent No. 3 are employed as Food Inspectors. Vide order dated 19/20 February, 2004 the petitioner was transferred from Community Health Centre, Cholapur, Varanasi to Primary Health Centre, Kashi Vidyapeeth, Varanasi. Under the same order Shri Teerath Raj Pandey, was transferred from Primary Health Centre, Kashi Vidyapeeth to Community Health Centre, Cholapur. Shri Teerath Raj Panedey challenged the transfer order by means of Writ Petition . The Writ petition was allowed Vide judgment and order dated 13.5.2004 and the order of transfer dated 19-20/2/2004 was quashed on the finding that: the Chief Medical Officer had no jurisdiction or authority to transfer Food Inspectors. It: was recorded that the averment made to the effect that Chief Medical Officer has no jurisdiction or authority to transfer Food Inspector has gone unrebutted, The petitioner being aggrieved by the said order preferred Special Appeal No. 414/04 which was also dismissed by this Court vide order dated 8.4.2004. The Division Bench also recorded a finding that from Government Order dated 21,10.2001 it is apparent that Chief Medical Officer has no competence to transfer the Food Inspectors.;