- (1.)In response to Order dated 09.12.2010 of the Court, Mr. A. Chesti, ld. AAG submitted at Bar that the Dy. Commissioner, Bandipora informed him that the Government has revoked the order of suspension issued by him vide which Petitioner was placed under suspension. Order dated 09.12.2010 is noticed as under:
Learned Counsel for the Petitioner produced xerox copy of the order dated July 3, 2010 passed by the District Development Commissioner, Bandipora, wherein and whereunder, the Petitioner, pending enquiry into his unauthorized absence, was ordered to be placed under suspension with immediate effect. Mr. Chesti is requested to seek instructions as to whether this order has been revoked or is still in force.

List tomorrow, December 10, 2010.

Learned Counsel for the Petitioner produced photo copy of Order No. 467-HME of 2010 dated 24.09.2010, whereunder the order of suspension in respect of Petitioner has been rescinded. Copy of the order is taken on record.

(2.)Petitioner is aggrieved of Order No. 553-HME of 2010 dated 28.10.2010, whereunder, the Petitioner, who is working as Incharge CMO, Bandipora, has been ordered to be transferred and posted as Incharge Assistant Director Health Services, Kashmir. The writ petition is filed inter alia on the ground that the Petitioner has been prematurely transferred; the transfer order has been issued on the complaint filed by the MLA, as allegedly the candidates selected and engaged by the District Development Commissioner at behest of MLA were not allowed to join by Petitioner and consequently impugned order constitutes punishment and also stigmatizes the Petitioner; the selection process was initiated by the District Development Commissioner, Bandipora for appointment of Doctors and Para Medical Staff under NRHM Scheme but as allegedly the selection process was not fair and transparent and the Petitioner, who was a member Secretary of the Committee, was not taken into confidence and the candidates who were selected and appointed being more than required number, the Petitioner objected to said selection/appointment and did not allow the selectees/appointees to join and resultantly local MLA as also the Dy. Commissioner harbored grudge and animosity against the Petitioner.
(3.)While considering the writ petition an ex parte order was passed on 08.11.2010. The transfer order impugned in the petition to the extent of Petitioner was stayed. It was provided that the Petitioner shall be allowed to continue as CMO, Bandipora. Petitioner has also filed supplementary affidavit in which he has placed on record the Government Order No. 861-GAD of 2010 dated 28.07.2010, which provides that the department shall make transfer of Government employees strictly in accordance with the transfer policy which inter alia provides that minimum tenure of a Government employee on a post shall be two years and a maximum of three years. It is also provided that premature transfer may be ordered after reasons are recorded. Para 4(ii) of Section C of said order also provides that the Government employee can be transferred earlier also if it is not in public interest or in the interest of administration to allow the employee to continue on a post for a full tenure. Para 4(ii) of Section C is reproduced as under:
(ii) It is not in public interest or in the interest of administration to allow the employee to continue on a post for a full tenure;

The supplementary affidavit was presented before the Registry on 29.11.2010. The official Respondents 1 and 2 filed objections. Private Respondent who was ordered to be impleaded as party Respondent has also filed objections.