This is an oral order in a civil writ petition where the petitioner, a staff nurse, challenged his transfer order. Holding that the transfer was not punitive as he had already joined the place of posting and served seven years at the same station, the single judge dismissed the writ application.
The writ application filed by the petitioner was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9247 of 2022
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Jai Prakash, S/o Sriniwas Tyagi, R/o Village-8 Visha Kanasil, P.S.-Kaulari, Dist.-Dholpur, Rajasthan, at present working as Staff Nurse, Grade-A, PMCH, Patna.
... ... Petitioner
Versus
... ... Respondents
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Appearance :
For the Petitioner/s : Mr.Sudha Chandra, Advocate For the Respondent/s : Mr.Mujtabaul Haque, GP 12 Mr.Vasant Vikas, AC to GP-12
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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER
Petitioner has remained posted at same and one station for seven years. The order of transfer cannot be said to be punitive. The petitioner has already joined at the transferred place.
In such circumstance, no interference is required to
the same.
This writ application is dismissed.
(Rajeev Ranjan Prasad, J.)
Rajeev/- U
2 issues framed by the court
Whether the High Court should interfere in the transfer order of a staff nurse posted at the same station for seven years.
Whether the transfer order can be said to be punitive in nature.
1 provisions across 1 enactments
Jai Prakash
The State of Bihar through Additional Chief Secretary, Health Government of Bihar
The Additional Chief Secretary, Health Department, Government of Bihar
The Additional Secretary, Health Department, Government of Bihar
The Director-in-Chief, Health Services (Nursing), Government of Bihar
The Superintendent, Patna Medical College and Hospital (PMCH)
Rajeev Ranjan Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
