Dr. Husne Ara Begam v. The State Of Bihar and Ors.
Case brief
What is this about?
Appeal dismissed. The court held that the appellant's transfer was based on administrative needs and her 30-year service at Purnea, with no sufficient evidence of malafide given the clerk's independent transfer cancellation and lack of impleaded parties.
What did the court decide?
Transfer order set aside the appeal and dismissed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.487 of 2016
Arising out of Civil Writ Jurisdiction Case No. 15561 of 2015 Along with
Interlocutory Application No.2095 of 2016
=========================================================== Dr. Husne Ara Begam, wife of Late M. Wahajuddin, resident of Islam Nagar, P.S.Araria, District- Araria.
.... .... Petitioner- Appellant/s
Versus
- The State of Bihar.
- The Principal Secretary, Department of Health, Government of Bihar, Patna.
- The Joint Secretary, Health, Government of Bihar, Patna.
- The Director-in-Chief, Health Services, Government of Bihar, Patna.
Issues for consideration
3 issues framed by the court
Whether the transfer of a senior doctor from Purnea to Headquarters is patently illegal or malafide?
Whether the cancellation of a clerk's transfer renders the appellant's transfer malafide?
Whether the administrative exigency warrants interference in the transfer order?
Parties & counsel
- appellant
Dr. Husne Ara Begam
- respondent
State of Bihar
Coram
Hemant Gupta
Case details
As recorded by the court registry
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