Dr. Fanindrabhushan Diwan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 7498 of 2017 Dr. Fanindrabhushan Diwan S/o Late Shri Jeewanlal Diwan, Aged About 56 Years R/o Specialist Doctor Ayurved, Aayush Wing, Government District Hospital, Janjgeer Champa, District Janjgeer Champa Chhattisgarh. ---- Petitioner

Versus

1.

State of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Mantralaya, New Raipur District Raipur Chhattisgarh.

2.

Chief Medical And Health Officer District Hospital, District Janjgeer Champa Chhattisgarh., District : Janjgir-Champa. 3.

Dr. Ramesh Kumar Khunte, Specialist Doctor Ayurved, Community Health Centre, Patthalgaon, District Jashpur Chhattisgarh. ---- Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Nishant Bhanushali, Advocate.

For Respondents No. 1 and 2 : Mr. Sudeep Agrawal, Deputy Advocate General. For Respondent No. 3 : Mr. Pawan Kesharwani, Advocate.

Hon'ble Shri Arup Kumar Goswami, Chief Justice Order on Board 17.12.2021 Heard Mr. Nishant Bhanushali, learned counsel for the petitioner. Also heard Mr. Sudeep Agrawal, learned Deputy Advocate General appearing for respondents No. 1 & 2 and Mr. Pawan Kesharwani, learned counsel appearing for respondent No.3.

2.

It is submitted that, by virtue of the interim order dated 23.12.2017, the petitioner is continuing in the very same post, from which he was sought to be transferred.

3.

Almost four years have gone by and as such the order of transfer has spent its force. Accordingly, the writ petition is disposed of providing that the respondents shall not insist implementation of the said order of transfer dated 19.12.2017. However, liberty is reserved to State respondents to pass such order, as may be called for, in the interest of public service and administrative exigency.

4.

This writ petition is disposed of in terms of the above directions and observations.

Sd/- (Arup Kumar Goswami) Chief Justice Hem