Partly allowed

Harjit Singh v. State of Punjab & Ors.

Punjab & Haryana HC24 Aug 2011CWP/15574/2011

Case brief

AI extract

What is this about?

This Court upheld a temporary transfer order against a doctor, directing the government to ensure transparent transfers only with strong public interest reasons and permitting the petitioner to complete his normal tenure at the original posting.

What did the court decide?

The impugned transfer order dated 15.7.2011 is stayed; the petitioner is allowed to remain at Apra, District Jalandhar, and directions are issued regarding future transfers of doctors.

Harjit Singh Vs State of Punjab & Ors. — Service and Employment | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civl Writ Petition No.15574 of 2011 Date of Decision : August 24, 2011.

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Dr.Harjit Singh ..... Petitioner

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versus

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The State of Punjab and others

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..... Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT.

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Present : Mr.R.K.Arora, Advocate, for the petitioner. Ms.Sudeepti Sharma, DAG, Punjab.

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-.-

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1. Whether Reporters of Local papers may be allowed to see the judgment?

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2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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(Oral) Surya Kant, J.

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Notice of motion.

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Ms.Sudeepti Sharma, learned Deputy Advocate General, Punjab accepts notice on behalf of the respondents.

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In view of the nature of order which I propose to pass, there is no need to seek any counter reply from the respondents at this stage.

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The petitioner has approached this Court second time in the matter of his transfer. He has been vide the impugned order dated 15.7.2011 (Annexure P-9) again transferred from C.H.C., Apra, District Jalandhar to P.H.C., Kum Kalan, District Ludhiana. The petitioner joined at Apra in the year 2009 but he was ordered to be transferred from that place

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CWP No.15574 of 2011 [2]

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vide an order dated 23.6.2011. The said order was cancelled on the petitioner's representation and he was retained at Apra, Jalandhar but again vide the impugned order, he has been transferred to P.H.C. Kum Kalan, District Ludhiana. There appears to be no reason for the repeated transfers which are bound to be detrimental to the administrative and public interest. There appears to be no reason as to why the petitioner be not allowed to complete his normal 'tenure' at Apra?

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In these circumstances, I deem it appropriate to dispose of this writ petition with a direction to the Principal Secretary to the Government of Punjab, Department of Health and Family Welfare, to take a transparent and holistic view in the matter of transfers of doctors and not to disturb the incumbents before completion of normal tenure of their posting unless there exist strong administrative reasons in public interest. These directions should be complied with uniformly qua all the Doctors, failing which this Court shall be constrained to call for the records and hold judicial review in such like matters though it is not expedient or desirable for a Writ Court to do so in transfer matters which are ordinarily an incidence of service.

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Till an appropriate streamlining takes place, the impugned order dated 15.7.2011 (Annexure P-9) qua the petitioner shall remain stayed and he shall be allowed to remain at Apra, District Jalandhar.

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Let a copy of this order be given dasti to Ms.Sudeepti Sharma, learned Deputy Advocate General, Punjab, for information and necessary compliance.

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Dasti. (SURYA KANT) August 24, 2011 Mohinder JUDGE

Harjit Singh v. State of Punjab & Ors.

Case brief

What is this about?

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Harjit Singh v. State of Punjab & Ors.

Case brief

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