Madras HC dismisses plea by doctor challenging transfer order

Madurai: The Madurai bench of Madras High Court recently dismissed a plea by a doctor who had challenged her transfer order from Nagercoil to Paramakudi.

Such a decision was taken by the HC division bench comprising of Justices Paresh Upadhyay and R. Vijayakumar after it took note of the fact that the transfer order had been issued by the government on administrative grounds.

Medical Dialogues had earlier reported that earlier the single judge bench of the Madras High Court had dismissed the plea by the doctor who had challenged 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.

While dismissing the plea, the single judge had noted that the 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.

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.

The bench had also referred to the ongoing corruption in the government departments and how doctors and medical staff were allegedly absent to perform their duties in the Primary Health Centers.

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However, challenging the order of the single judge bench, the doctor approached the division bench of the High Court.

As per the latest media report by The Hindu, appealing before the division bench of the High Court, the petitioner doctor submitted that she was not heard before the transfer order was issued. On the other hand, the State Government justified their decision on the basis of the argument that the doctor had been transferred during the Covid-19 pandemic situation for meeting the exigencies faced by the nation.

Taking note of the submissions by both the parties, the division bench of Madras High Court observed that the State had issued the transfer order to the doctor on administrative grounds. Thus, holding that there was no error in the single bench order, the Madurai bench of Madras High Court dismissed the plea.

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