Dr. P.K. Rathore v. Government Of NCT Of Delhi & ORS
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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1934/2019 DR. P.K. RATHORE ..... Petitioner Through:
Mr. Rakesh Dhingra, Adv.
versus GOVERNMENT OF NCT OF DELHI & ORS ..... Respondent Through:
Mr. N.K. Singh and Mrs. Avnish Ahlawat, Advs. for R-1 and R-3.
Mr. Vivek Goyal, CGSC with Mr.
Pawan Pathak, Advs for R-2.
CORAM:
HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A. K. CHAWLA
O R D E R
% 25.02.2019 C.M. No. 8999/2019 Exemption allowed, subject to all just exceptions. The application stands disposed of.
C.M. No. 9000/2019 By this application the applicant seeks permission to place on record the additional documents. The application is allowed. W.P.(C) 1934/2019 & C.M. No. 9001/2019 Issue notice. Counsels for the respondents accepts notice. In view of the order that we propose to pass, we do not consider it necessary to call for any reply in the matter from the respondents.
The petitioner has assailed his transfer as Head of Department of the ENT Department, MAMC to Guru Tegh Bahadur Hospital vide order dated 30.01.2019, issued by the Deputy Secretary (HR-Medical) of the GNCTD. The petitioner has raised the issue with regard to the competence of GNCTD to pass such a transfer order.
The submission of the petitioner is that the transfer and posting of Central Health Service Officers - which the petitioner is in the SCG can be decided only upon by a committee consisting of the following officers: "i) Director General of Health Services (DGHS ) Chairman ii) Joint Secretary (CHS) Member iii) Deputy Director General (M) Member iv) Deputy Director General (P) Member v) Director/DS (CHS ) Member Secretary vi) Director A & V, Dte GHS Member"
He submits that in the present case his transfer has not been affected by the said committee.
In our view, this issue needs to be decided by the Tribunal and, prima facie, there may be merit in this submission of the petitioner. In view of the aforesaid, we stay the transfer of the petitioner till the next date before the Tribunal, which we are informed is now fixed for 05.03.2019. The Tribunal may decide on the aspect of stay during the pendency of the Original Application after hearing the parties. Our order shall merge in the order that the Tribunal may pass after hearing the parties. We have not expressed any view on the merits of the
case.
The petition stands disposed of in the aforesaid terms. Order dasti under the signatures of the Court Master. VIPIN SANGHI, J A. K. CHAWLA, J FEBRUARY 25, 2019 N.Khanna