Madras HC denies govt doctor's plea challenging transfer orders, directs district officers to submit report on PHCs
Madurai: While dealing with a government doctor's plea challenging her transfer order, the Madurai bench of Madras High Court recently noted that courts could not interfere in the decisions taken by the bureaucrats as it was the subjective satisfaction of the competent authorities to make a decision.
Further referring to the large-scale corruption in the government departments, the Madras HC bench comprising of Justice S.M. Subramaniam pointed out that there were allegations that doctors and medical staff in the Primary Health Centers were absent to perform their duties and responsibilities, adds The Hindu.
In fact, opining that the Directorate of Public Health and Preventive Medicine was responsible for conducting frequent inspections in the Primary Health Centers, the bench directed the district-level officers to monitor the situation and submit the report to the Head of the Departments.
Such observations came from the High Court bench while it was considering a petition filed by a government doctor, who had approached the court challenging the transfer order issued by the Director of Public Health and Preventive Medicine in 2020. In that order, the doctor had been transferred from Nagercoil to Paramakudi.
However, the Madras High Court bench dismissed the plea and noted that she could submit a representation before the High Court only after assuming her new office, adds the New Indian Express.
Referring to the fact that government may decide that a specific officer would be the best person for tackling certain issues in a particular place or post, the bench noted that it was subjective satisfaction of the concerned authority and that is why; the power of judicial review was limited.
Further reminding that government servants played a significant role and enjoyed a special status, the bench further clarified that the courts, in all circumstances, cannot interfere with the administrative reasons as it is not possible to define such reasons in a narrow compass.
As per the latest media report by The Hindu, while dismissing the plea the HC bench referred to the allegations that doctors and medical staff appointed in the Primary Health Centers were not attending their work and performing their duties and responsibilities.
At this outset, the judge noted that it was the responsibility of the Directorate of Public Health and Preventive Medicine to conduct frequent inspections in the Primary Health Centers in order to make sure that the doctors and other medical staff who were posted in there were fulfilling their duties and responsibilities properly.
The bench also opined that if there was any lapse or negligence on the part of the doctors and medical staff, action should be initiated under the Discipline and Appeal Rules.
Observing that the district-level officers should monitor the situation, the bench also directed them to submit a report before the HOD.
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