VIJAYSINH BHAMABHAI DODIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, Dr. V.B.Dodiya, Professor of Surgery in Medical Education by this writ petition under Article 226 of the Constitution of India challenges the order of respondent dated 26/11/1998, under which he was ordered to be transferred from M.P.Shah Medical College, Jamnagar, to Medical College, Bhavnagar (Government College).

(2.) This special civil application has come up for preliminary hearing in the court on 10.12.98 on which date, the matter was admitted and operation of the order of respondent dated 26/11/1998 was stayed. On 1 1/03/1999, after hearing the learned counsel for the parties and perusing the counter affidavit, the court found that the Medical College at Bhavnagar is left without a Professor in Surgery for more than four months, this court has vacated the interim relief. The learned counsel for the petitioner prayed for continuation of interim relief for fifteen days but in view of the administrative exigencies expressed in the counter affidavit, that request was declined. Against the order of the learned single Judge dated 1 1/03/1999, the petitioner preferred L.P.A. No.309 of 1999 and the same came to be rejected on 30/03/1999. After the order of this court of granting interim relief in favour of petitioner, the respondent allowed him to join at Jamnagar vide office order dated 11/12/1998 of the Dean, M.P.Shah Medical College, Jamnagar. After vacation of interim relief on 11th March 1999, the DeanDean of M.P.Shah Medical College Jamnagar, vide its letter dated 15th March 1999 instructed to relieve the petitioner to enable him to report at Medical College, Bhavnagar. The petitioner submitted an application on 16/03/1999 to the Dean, M.P.Shah Medical College, Jamnagar, and prayed therein for grant of sick leave from 1 2/03/1999 on the ground of sickness of mother and he further stated in the application that in his absence Dr.Sibu Chako will look after his work. This application appears to be also counter signed by that doctor. After dismissal of the L.P.A. the petitioner was instructed to implement the transfer order. He was requested vide letters dated 15/03/1999, 9/04/1999 and 7th May 1999, to report to the place of his transfer. Under the letter dated 7/05/1999 he was also directed to report to the Commissioner, Health Medical Services and Medical Education, Government of Gujarat. The petitioner reported to the Commissioner, Health, Medical Services and Medical Education, Gandhinagar, on 31/05/1999 with the submission that he is ready to join at the place where his services are required. The Commissioner, Health, Medical Services and Medical Education, on 31st May 1999, made a proposal to the State Government and the State Government issued order on 28/06/1999 asking the petitioner to report at Bhavnagar. The petitioner reported at Bhavnagar on 5.7.99. He has again proceeded on leave for one month on account of illness of his mother. Vide notice dated 30/07/1999 he was called upon to show cause why he has not jointed at the place of his transfer in time. Show cause notice was replied by the petitioner which was processed and the State Government has decided to initiate departmental inquiry against the petitioner. He was placed under suspension and chargesheet has also been served upon him. The petitioner has filed application for early hearing of this petition and hearing of this petition has taken place but nobody has taken care to appear on behalf of petitioner. List of dates and events has been furnished with necessary documents. The petitioner has given out that he submitted sick leave from 12.3.99. Sickness certificate and application was sent to Dean in prescribed form and to Gandhinagar on 16.4.99. No intimation with regard to not granting of the said sick leave either from any of the higher authorities has been received. The Dean of the faculty has relieved him on 15.4.99. So he has to forward application of sick leave either to Addl. Director or Dean, Bhavnagar Medical College as on 12/03/1999 to 15th March 1999. Frorom 27.4.99 to 28.4.99, no order from the Government directing him where to join his duty was made. He submitted an application to the Addl. Director to grant leave from 12.3.99 to 26.4.99 and consider the period from 27.4.99 to 3.7.99 as on duty. On 5.7.88, he resumed duties at Bhavnagar which he admitted and from 6.7.88 to 5.8.99, he again applied for sick leave through telegram, prayed for extension of sick leave from 6.8.88 for fifteen days.

(3.) It is a case which clearly exhibits how an officer of the rank of Professor of Medical College disobeyed the orders of higher officers. From the facts of this case, I find that this application for leave by the petitioner was only a pretext, otherwise, I have my own reservation about illness of his mother. Stay has been vacated on 1 1/03/1999 and from the very next date the petitioner applied for leave. This application is on the record which reads as under: