Dismissed

Champara Kumari v. The State Of Bihar and Ors.

Patna HC27 Aug 2012CWJC/15002/2012

Case brief

AI extract

What is this about?

This judgment dismisses a writ petition challenging the transfer of an Auxiliary Nurse Midwife from one Primary Health Centre to another. The Court held that transfer decisions are administrative matters, and without specific allegations of malafide or rule violation, courts cannot mandate disclosure of administrative grounds.

What did the court decide?

None. The writ application challenging the transfer order was dismissed.

Champara Kumari Vs The State Of Bihar and Ors. — Service and Employment | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15002 of 2012

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====================================================== 1. Champara Kumari W/O Sri Vishwanath Singh Resident Of Village - Hilsar, P.O. & P.S. - Bhagwanpur Hat, District - Siwan .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Director In Chief, Health Services, Govt. Of Bihar, New Secretariat, Patna 3. The Civil Surgeon-Cum-Chief Medical Officer Siwan P.O. + P.S. + District - Siwan 4. The Incharge Medical Officer, Primary Health Centre, Bhagwanpur Hat, P.O. + P.S. - Bhagwanpur Hat, District - Siwan 5. Smt. Muni Kumari, Working As An A.N.M. , Primary Health Centre, Basantpur, P.O. + P.S. - Basantpur, District - Siwan

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.... .... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bipin Bihari Singh For the Respondent/s : Mr. Vikash Kumar, A.C. to Ag ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER

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2 27-08-2012 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 6.8.2012 passed by the Civil Surgeon cum Chief Medical Officer, Siwan, transferring her from Primary Health Centre, Bhagwanpur Hat to Primary Health Centre, Basantpur in her capacity as Auxiliary Nurse Midwifery (hereinafter referred to as A.N.M.).

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Learned Counsel for the petitioner submits that the impugned order rhetorically mentions ‘administrative grounds’. What were the grounds specific to selectively transfer the petitioner even while others may have remained at Primary Health Centres including Bhagwanpur Hat for much longer years, remains unexplained. Transfers were normally to be done in the month of June and December. The administrative circular regulating transfer and postings requires that if transfer was necessitated

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Patna High Court CWJC No.15002 of 2012 (2) dt.27-08-2012

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for administrative reasons, required to be made at other periods of time, approval of persons above in the hierarchy was required to be taken. The order does not mention that such approval has been obtained. It was lastly submitted that the transfer had been made only to accommodate Respondent no. 5 who was earlier transferred from Bhagwanpur Hat to Basantpur and was being brought back.

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Counsel for the State has opposed the application submitting that the transfers were routine. The petitioner was not the only person transferred but that there were three others apart from respondent no. 5 in the same transaction. The authorities were best suited to decide administrative matters with regard to transfer and posting.

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At what Primary Health Centre the service of a particular A.N.M. is required, is a purely administrative matter which has to be left in the administrative discretion of the respondents. The Court cannot usurp the administrative function for running of the Primary Health Centres and deciding which person shall be posted at what Primary Health Centre. The cause for interference with an order of transfer may or may not arise if there are allegations for violation of statutory rules or a specific case of malafide is made out.

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The petitioner does not allege any loss of status, rank or pay. It is not the case of the petitioner that no administrative reason exists for her transfer. It is sufficient if the order of transfer states that it was being made on administrative grounds. The matter has to be left to the subjective satisfaction of the respondents and it shall not be proper exercise of jurisdiction by the writ Court to call upon the respondents to disclose the administrative grounds in absence of any clear assertive case of malafide. That would virtually amount to taking over the powers of the administrator.

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The circular sought to be relied upon by the petitioner is

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Patna High Court CWJC No.15002 of 2012 (2) dt.27-08-2012

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administrative in nature and does not have statutory force. As held in (1991) 2 SCC 659 (Shilpi Bose [Mrs} vs. State of Bihar) and (2004) 11 SCC 402 (State of U.P. v. Gobhardan Lall), such administrative circulars may vest a right in the government servant concerned to represent but does not furnish a cause of action in a court of law to maintain a writ application.

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The submission that the transfer had been made only to accommodate Respondent no. 5 does not appeal to the Court for two reasons. Firstly, it is not an order for transfer by exchange between the petitioner and respondent no. 5 alone. There are three others in the transaction. Secondly, there is no assertion in the writ application with materials in support to suggest that events were manipulated by Respondent no. 5 to her advantage. On the contrary it appears from the order dated 26.12.2007 read with the order dated 8.9.2008 that the petitioner had secured a choice posting at her request. Even if there were others posted at Bhagwanpur since 2006 and have remained undisturbed it does not automatically lead to a conclusion of discriminatory conduct against the petitioner merely because she may have been posted there recently in 2008.

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The writ application is dismissed.

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(Navin Sinha, J)

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Snkumar/-

Champara Kumari v. The State Of Bihar and Ors.

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Champara Kumari v. The State Of Bihar and Ors.

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