The High Court rejected the petitioner's writ petition challenging his transfer from District Lalitpur to Jhansi. Finding no good ground for interference, as the petitioner has been posted there since 2003 and a new incumbent has joined, the challenge was dismissed.
The writ petition was dismissed.
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Court No. - 34
Case :- WRIT - A No. - 4753 of 2022
Petitioner :- Dr. Dharmendra Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Phool Singh Yadav,Ram Pratap Yadav
Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
Heard Mr. P.S. Yadav, learned counsel for petitioner, learned Standing Counsel for respondents 1 to 6.
Challenge in this writ petition is to the order dated 15.7.2021, passed by respondent-3 UP- Sachiv Uttar Pradesh Sashan Chikitsa Anubhag III U.P. at Lucknow, whereby petitioner has been transferred from District Lalitpur to Jhansi. Feeling aggrieved by aforesaid order, petitioner earlier approached this Court by means of Writ A. No. 15270 of 2021 (Dr. Dharmender Kumar Vs. State of U.P. and two Others), which was disposed of finally vide order dated 23.11.2021. Pursuant to order dated 23.11.2021, the representation filed by petitioner has been rejected by means of order dated 7.2.2022.
Learned counsel for petitioner has raised number of submissions in challenge to orders impugned in present writ petition.
Learned Standing Counsel has invited attention of Court to the recital contained at page 55 of paper book and on basis thereof he contends that petitioner has remained posted at Lalitpur from 2003 to 15.7.2021. It is next contendd that the new incumbent has already joined at the place of posting of petitioner.
In view of above, this court does not find any good ground to interfere in the present writ petition.
The writ petition fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 9.5.2022 Arshad
Digitally signed by ARSHAD MAHMOOD Date: 2022.05.10 12:22:43 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should interfere with the transfer order of a medical officer from District Lalitpur to Jhansi.
Whether the petitioner has any good ground to challenge the transfer order given the presence of the new incumbent.
Dr. Dharmendra Kumar
State Of U.P.
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
