Smt. Reena Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 9230 of 2019 • Smt. Reena Gupta W/o Shri Ramnath Gupta Aged About 47 Years R/o Subhash Nagar, Bhagvanpur, Surguja , Tahsil - Ambikapur, District Surguja Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through It's Secretary, Health And Family Welfare Department , Mahanadi Bhawan , Atal Nagar Raipur, Tahsil And District Raipur Chhattisgarh

2. Director Health Service Directorate, Indravati Bhawan, Atal Nagar, Tahsil And District Raipur Chhattisgarh

3. Collector Surguja, Tahsil Ambikapur, District Surguja Chhattisgarh

4. Chief Medical and Health Officer, Ambikapur, Tahsil Ambikapur, District Surguja Chhattisgarh

5. Mustari Begum, Presently Posted As RHO/ANM (Women) , SHC Kanthi, District Surguja Chhattisgarh ---- Respondents For Petitioner :

Shri Rajkamal Singh, Advocate For Respondents/ State :

Shri Priyank Rathi, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 13/11/2019

1. The grievance of the petitioner is that the petitioner was earlier transferred by an order dated 12.07.2019 from Sub Health Centre, Taparkela to Kanthi in District - Surguja. Consequently, she joins the place of posting to Kanthi on 14.08.2019. Subsequently, the petitioner has again being transferred to Sub Health Center, Patna, District - Koriya on the administrative ground. However, in the same it is contended that the petitioner within a short span of time, transferred to accommodate Respondent No.05, Mustari Begum ,

who is said to be transferred on her own accord. It is contended that said transfer is would be fall as under malafide only to accommodate the respondent No.5.

2. Perused the documents. The documents show that the petitioner was transferred by order dated 12.07.2019, pursuant to which she joined at Kanthi, from there again she has been transferred from Kanthi to Sub Health Center, Patna, District - Koriya. Taking into consideration such facts that the transfer order also shows that the Respondent No.5 has been transferred on her own accord from Patna, District - Koriya to Kanthi, District - Surguja, the petitioner shall be at liberty to make a representation before the concerned respondent with all the relevant documents and pleading within 15 days from the date of receipt of a copy of this order and the representation so made shall be decided within a further period of 45 days. Till then, the transfer in respect of the petitioner shall not be given effect to, if it has not been carried out till date.

3. Accordingly, the petition stands disposed of. Sd/- (Goutam Bhaduri) Judge Yasmin