Disposed

Kamlesh Kumari v. State of U.P. Thru. Addl. Chief Secy. Medical and Health Lko. and 3 Others

Allahabad HC19 Sept 2024WRIA/8012/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging a district transfer order of a medical officer on mid-term. The court declined to interfere with executive action at the admission stage but directed the petitioner to file a representation. A stay was granted against coercive measures pending the authority's decision.

What did the court decide?

Writ petition disposed of at admission stage. Liberty granted to file representation. No coercive steps to be taken till disposal of representation or 3 weeks.

Kamlesh Kumari vs State of U.P. Thru. Addl. Chief… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:64671

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Court No. - 4

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Case :- WRIT - A No. - 8012 of 2024

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Petitioner :- Kamlesh Kumari

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Respondent :- State Of U.P. Thru. Addl. Chief Secy. Medical And Health Lko. And 3 Others Counsel for Petitioner :- Triloki Nath Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard Sri Triloki Nath Yadav, learned counsel for the petitioner and Sri Sudhir Kumar Singh, learned Standing Counsel for the State.

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2. By means of this writ petition, the petitioner has assailed the impugned transfer order dated 31.08.2024 (Annexure No.1) passed by the Chief Medical Officer, District-Ambedkar Nagar thereby transferring the petitioner from the Community Health Centre, Jalalpur, District-Ambedkar Nagar to Community Health Centre, Bhiyav, District-Ambedkar Nagar on complaint and on the basis of fact finding inquiry.

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3. Learned counsel for the petitioner has stated that the petitioner is absolutely unaware as to what was the complaint against the petitioner. Further, on account of the aforesaid mid term transfer the study of his son may likely be adversely effected.

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4. Learned counsel for the petitioner has further submitted that since the petitioner is on medical leave, therefore, she could not submit her joining at the transferred place.

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5. Sri Sudhir Kumar Singh, learned Standing Counsel has submitted that the transfer is an exigency of service and this is the transfer within the district, therefore, such transfer order may not be interfered with.

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6. Considering the aforesaid submissions of learned counsel for the parties, without entering into merits of the issue and without interfering with the impugned transfer order, I hereby dispose of this writ petition finally at the admission stage giving liberty to the petitioner to prefer a fresh representation to the Chief Medical Officer, District-Ambedkar Nagar taking all pleas and grounds which are available with her annexing therewith copy of her earlier representation, if any, and the relevant documents

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in support of her claim within a period of one week from today, and if any such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned may consider and decide the representation of the petitioner, strictly in accordance with law and as per the transfer policy by passing a speaking and reasoned order, within further period of fifteen days from the date of presentation of a certified copy of this order along with representation and the decision thereof be intimated to the petitioner forthwith.

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7. Since the petitioner is on medical leave, therefore, till the disposal of the aforesaid representation of the petitioner or the period of three weeks, whichever is earlier, no coercive steps shall be taken against the petitioner. However, the petitioner shall abide by the order being passed by the Chief Medical Officer, District-Ambedkar Nagar disposing of the representation of the petitioner.

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8. In view of the aforesaid terms, the instant writ petition is disposed of finally.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 19.9.2024 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Kamlesh Kumari v. State of U.P. Thru. Addl. Chief Secy. Medical and Health Lko. and 3 Others

Case brief

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Kamlesh Kumari v. State of U.P. Thru. Addl. Chief Secy. Medical and Health Lko. and 3 Others

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