Gujarat HC quashes Epidemic Medical Officer's plea challenging transfer order
Gujarat High Court
Ahmedabad: Observing that the government servant holding the transferable post had no vested right to remain posted at one particular place, the Gujarat High Court (HC) has quashed a petition moved by an Epidemic Medical Officer challenging the State Government's decision to transfer her for the fourth time in a span of one year.
However, the court declined to interfere with the transfer order issued by the State Government noting that the impugned transfer order is made in the public interest and for an administrative reason.
The Medical Officer was transferred from District Panchayat, Gandhinagar City to Community Health Centre, Kothamba, District Mahisagar. However, she moved the court challenging the same.
The petitioner through advocate Rajaram Bajpai challenged the State Government's decision to transfer her to a remote area through the order dated 14.12.2020. The court was informed that the medical officer had been transferred four times in one year.
In her plea, the medical officer alleged that the mala fide intention on the part of the authorities had resulted in her transfer as she had previously lodged various complaints to the authorities including police against her colleague indulged into corrupt practice, adding that the complaints of corruption ventilated by the petitioner had been given wide coverage in print media as well.
The petitioner's advocate submitted;
"The impugned transfer of the petitioner is actuated by malafides as she is made a various complaint to the authorities including police against her colleague who is indulged into corrupt practice."
Claiming that the transfer of the petitioner had been against the interest of public health, the petitioner sought consideration on the part of the court. It contended;
"The petitioner has been the only doctor who possessed the qualification C/SCA/849/2021 ORDER of "Epidemic Intelligence Service Training" and her presence at the main center would be necessary for the hard days of raising Corona Epidemic."
Deliberating the submissions, Justice A.G.Uraizee denied interfering in the matter and stated that the court's interference would cause hindrance in the administration which would not be conducive to the public interest.
Pointing out at the settled proposition of law that directs the court not to interfere with the transfer order which has been made under public interest and for administrative reasons, the court stated that the government servant holding the transferable post had no vested right to remain posted at one particular place and he would be liable to be transferred from one place to another.
The court further noted that the transfer is an incident of service and such transfer order issued by the competent authority in the public interest and for administrative reason does not in any way violate any of the legal right or fundamental right of the government servant.
Stating that the interference on the part of the HC would cause hindrance in the administration, the court concluded that the impugned transfer of the petitioner had been made in the public interest and for administrative reasons.
"I am of the considered view that if the Court starts to interfere with the transfer order issued by the competent authority, same would cause hindrance in the administration which would not be conducive to the public interest."
Subsequently, the court dismissed the plea noting;
"In view of the above, when the impugned transfer of the petitioner is made in the public interest and for an administrative reason, I do not find any merits in the petition. For the foregoing reasons, the petition lacks merit and do not deserve to be entertained and is dismissed at the threshold."
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