SURESH YADAV Vs. THE STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2015-9-126
HIGH COURT OF JHARKHAND
Decided on September 02,2015

SURESH YADAV Appellant
VERSUS
THE STATE OF JHARKHAND AND ORS. Respondents

JUDGEMENT

Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the petitioner and the State. Private respondent was issued notice. Despite personal service of notice effected by the petitioner in support of which affidavit has also been filed on 10.8.2015 and the matter having been adjourned on the previous date for his appearance, no one has entered appearance on behalf of the said respondent. The matter is, therefore, being heard and decided today. Petitioner has approached this Court being aggrieved by his transfer from Community Health Centre, Chatra to Community Health Centre, Hunterganj vide order dated 22.5.2015. He is working on the post of Computer (sic).
(2.) It is stated that he has not completed normal three years tenure and was posted only for 10 months in the said place. It was also urged on his behalf that impugned transfer order has been issued only to accommodate the private respondent.
(3.) This contention of the petitioner appears to be substantiated by the counter affidavit filed by the respondent No. 4. Civil Surgeon -cum -Chief Medical Officer, Chatra, who at paragraph -10 categorically states that wife of the private respondent made a representation before the Hon'ble Minister, Health Department, Government of Jharkhand making a request for transfer of her husband, who was posted as a Computer (sic) in Community Health Centre, Itkhori on the ground of education of her children, Annexure -A. The said recommendation was forwarded to his office, whereupon the impugned order of transfer has been issued posting the respondent No. 6 from Community Health Centre, Itkhori to Community Health Centre, Chatra while the petitioner has been transferred from the same place i.e. Community Health Centre, Chatra to Community Health Centre. Hunterganj. It is also stated in their counter affidavit that upon an order of status quo passed on 26.6.2015 by the Hon'ble Court in the instant case, the respondent -Civil Surgeon -cum -Chief Medical Officer, Chatra has stayed the order of transfer of the petitioner as well as the respondent No. 6.;


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