Virendra Kumar, J. - (1.) The petitioner has assailed transfer order dated 22.08.2017 passed by Chief Medical Officer, Barabanki (respondent No.3) by instituting this writ petition and has also sought relief that writ order or direction in the nature of mandamus commanding respondent No.3 to allow the petitioner to continue on his earlier post be passed.
(2.) It is pleaded that transfer order passed by respondent No.3 is illegal, arbitrary and has been passed in utter violation of Government order dated 27.05.2016. The petitioner has alleged that impugned ante-dated transfer order has been passed against him on extraneous considerations as well as without application of mind. It is also further contended that the petitioner is a level-III Medical Officer as such he is legally entitled to be posted as Superintendent at Community Health Centre in the light of Government order dated 27.05.2016.
(3.) It is mentioned that respondent No.4 has been posted as officiating Superintendent at Community Health Centre, Suratganj, Barabanki. His order of posting is legally not sustainable in view of aforesaid Government order as he is level-II Medical Officer. It is further alleged that the impugned transfer order of petitioner has neither been passed in public interest nor on administrative ground, but it has been passed only in order to accommodate respondent No.4. The action of respondent No.3 in attaching the petitioner in the office of Chief Medical Officer, Barabanki amounts to curtailing his functioning as Superintendent and he has virtually been deprived from work. It is further mentioned that the petitioner has been placed as undeclared suspended employee as well as the powers have been curtailed without there being any cogent reason in illegal and arbitrary manner.;