Santosh Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9712 of 2020 ====================================================== Santosh Kumar Tiwari, son of Sri Raghunandan Tiwari, resident of VillageSarkar, Police Station-Deo in the District of Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.

2.

The Principal Secretary, Department of Health, Government of Bihar, Patna. 3.

The Director-in-Chief, Health Service, Government of Bihar, Patna. 4.

The Divisional Commissioner, Magadh Division, Gaya. 5.

The Regional Deputy Director, Health Service, Magadh Division, Gaya. 6.

The Civil Surgeon-Cum-Chief Medical Officer, Gaya. 7.

The Additional Chief Medical Oficer, Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Respondent/s :

Mr.Lalit Kishore (A.G) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-02-2021 The present writ application has been filed for quashing memo No. 2431 dated 29.06.2020 issued by the Civil Surgeon-cum-Chief Medical Officer, Gaya whereby the petitioner has been transferred from the office of Additional Chief Medical officer, Gaya to the office of Additional Primary Health Centre, Maigara under Dumaria Block in the District of Gaya.

The learned counsel appearing on behalf of the petitioner would submits that order of transfer is

Patna High Court CWJC No.9712 of 2020(2) dt.26-02-2021 2/2 punitive in nature. He further submits that those who have been transferred earlier have been re-transferred to their original place of posting.

Be that as it may, this Court does not find any merit to interfere in the matter. However, the petitioner is at liberty to approach the appropriate authority along with a copy of this order by filing a representation for consideration of his re-transfer, which shall be considered on its own merits within a period of three months from the date of filing such representation before it.

It is made clear that order of transfer shall not be treated as a punishment and it shall not have any adverse impact on the service career of the petitioner. With the aforesaid observation/direction, the writ petition stands disposed off.

(Anil Kumar Upadhyay, J) Shageer/- U