S.N. Pathak, J. - (1.) Petitioner who happens to be the Medical Superintendent of RIMS has approached this Court aggrieved by the order of transfer bearing memo No. 6055 dated 30.08.2017 (Annexure-4), issued by respondent No. 3 which is a consequence of memo No. 226(7) dated 30.08.2017 (Annexure-2), issued by respondent No. 1 and also Annexure-6/1 which is the unilateral charge assumption by respondent No. 4.
(2.) The short facts of the case as has been delineated in the writ petition is that the petitioner is posted as Medical Superintendent, Rajendra Institute of Medical Sciences (for short "RIMS"), w.e.f. 27.02014, which is a single post of that cadre. Vide notification dated 108.2002, the State Govt. came out with RIMS Rules, pursuant to RIMS Act, 200 Thereafter, in the year 2014, the State Govt. vide its Gazette Notification No. 475, Ranchi dated 209.2014, notified the RIMS regulation in exercises of powers vested under Section 32 of the RIMS Act, 2002, whereby the service conditions of the employees working in RIMS were laid down. It is the specific case of the petitioner that on a conjoint reading of the RIMS Act, Rules and Regulations, it is crystal clear that any Officer working and posted in RIMS shall continue to do so until he attains the age of superannuation. However, vide memo dated 30.12015 and 18.03.2016, the respondents has transferred the petitioner from RIMS to outside the RIMS. Under such circumstances, the petitioner was compelled to move before this Hon'ble Court by filing W.P.(S). No. 1696 of 2016 and the Hon'ble High Court vide its interim order dated 30.03.2016 directed the respondents not to transfer the petitioner from RIMS during the pendency of the writ petition. Thereafter, the aforesaid writ was taken-up for hearing on 19.04.2017 and by a detailed order, the Hon'ble Court found the issues involved in the aforesaid writ petition, requires interpretation of the RIMS Act, Rules and Regulations and the same needs to be adjudicated by a Division Bench of this Hon'ble Court and accordingly, the matter was referred before the Hon'ble Division Bench after getting approval by the Hon'ble Chief Justice. The aforesaid case as on date is pending for final adjudication with continuance of interim order in favour of the petitioner. It is the further case of the petitioner that recently an Audit by the Accountant General, Jharkhand was initiated at the request of respondent-State in relation to the irregularities committed by Infonet Link Pvt. Ltd., an Agency who has been assigned with the responsibility of collecting the token fees at various counters in RIMS for availing the treatment in various departments under RIMS. It is stated that the said Agency was asked by the Audit team to produce the relevant documents for assistance in audit work. Thereafter, by order of respondent No. 2, a special team was constituted wherein the Accounts Officer, RIMS was nominated as Nodal Officer and other three Class-3 employees were deputed along with said Nodal Officer to assist the Audit Team. The Audit team in its report made certain observations regarding inadequate assistance and on the basis of the same, a show-cause notice was served upon the Nodal Officer and other three employees of the Special Team constituted by respondent No. 2. It is the specific case of the petitioner that he has no concern or control whatsoever with the functioning of the said Special Team. Under such circumstances, the Hon'ble Health Minister, Govt. of Jharkhand issued certain directions upon the respondent No. 1 and pursuant to which respondent No. 1 issued memo No. 226(7) dated 30.08.2017, mentioning therein that:- (a) Petitioner be removed from the post of Medical Superintendent under administrative exigencies and another eligible officer (Professor/ Doctor) be given charge of Medical Superintendent. (b) The petitioner be deputed in some other post of RIMS in accordance with his eligibility, seniority and qualification. (c) The members of the Special Team constituted for giving assistance to the Auditors be issued show-cause and be served that charge memo with information to the Department. (d) All relevant information and documents required for the special Audit be gathered and collected within a period of 15 days with information to the Department. After issuance of the aforesaid memo No. 226(7) dated 30.08.2017, the respondent No. 3 vide memo No. 6056 dated 30.08.2017 informed the respondent No. 1 that in compliance of his memo dated 30.08.2017, the petitioner has already been removed from the post of Medical Superintendent, RIMS. However, the respondent No. 2 sought guidelines on the matter that as there is no equivalent post as that of the Medical Superintendent in the RIMS Organization, it is not clear as to where the petitioner be deputed in accordance with the eligibility/ seniority and qualifications. It is the further case of the petitioner that vide memo No. 6056 issued by respondent No. 3, the petitioner was asked to handover the charge of Medical Superintendent to respondent No. 4 within 24 hours. Upon receipt of such memo, the petitioner made representation before the respondent No. 2, requesting for issuance of appropriate orders indicating the post on which the petitioner would assume the charge after relinquishing the charge of Medical Superintendent. It is relevant to mention here that the petitioner is going to be superannuated on 30.06.2018. Thereafter, vide memo dated 01.09.2017, the petitioner was permitted to give his joining in the office of respondent No. 2 and was allotted a chamber of Director in the Department of Micro Biology, RIMS. Meanwhile, the respondent No. 4 assumed the charge of Medical Superintendent, RIMS on 31.08.2017 without relinquishing the charge of Head of the Department of "Preventive and Social Medicines" RIMS. Hence, the petitioner has no option but to knock the door of this Hon'ble Court by preferring the instant writ application for redressal of his grievances. On 15.09.2017, the matter was taken-up by this Court and after hearing learned counsel for the parties and being prima facie satisfied with the illegality, this Court was pleased to grant interim protection to the petitioner and permitted the petitioner to continue on the post of Medical Superintendent, RIMS until further order and further directed the respondents to file counter-affidavit. Since then, the petitioner is continuing on the said post by virtue of the Court's order.
(3.) Mr. Abhay Kumar Singh, learned senior counsel assisted by Mr. Rakesh Kumar Samrendra and Mr. Rupesh Singh, learned counsel appearing for the petitioner has assailed the impugned order on the following grounds:- (i) The impugned order is without jurisdiction. (ii) It is in complete violation of the statutory provisions as envisaged in the regulations of the RIMS. (iii) The order has been passed at the dictate of the Minister, which is not tenable in the eyes of law. (iv) Section-29 of the RIMS Act is contrary to what it has been interpreted in the order. The order ought to have been passed by the Establishment Committee but in utter violation of the Regulations of the RIMS, the same has been issued. ;