The High Court dismissed a writ petition challenging a medical officer's transfer order. The court held that moving the petitioner to a district headquarters justified the transfer and found the petition devoid of merit.
The writ petition was dismissed in limine as being devoid of merit.
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 Uttaranchal, at Nainital.
W.P. (S/B) No. 202/ 2006
Dr. Ashok Kumar Gairola, S/o Late Gokulanand Gairola, R/o S.P.S. Government Hospital, Rishikesh, District Dehradun ….Petitioner.
Versus
Sri Rajendra Dobhal, learned counsel for the petitioner. Sri K.P. Upadhyaya, learned Standing Counsel for the State.
Coram: Hon’ble P.C. Verma, J. Hon’ble B.C. Kandpal, J.
Dated: 01-07-2006
This writ petition has been filed for issue of a writ in the nature of certiorari quashing the transfer order dated 27-6-2006, contained in Annexure No.1 to the writ petition, passed by Principal Secretary, Medical Section-II, State of Uttaranchal, Dehradun. 2- The petitioner vide impugned order has been transferred from the post of Medical Officer, S.P.S. Government Hospital, Rishikesh to District Hospital, Gopeshwar. The petitioner has served at Rishikesh for about 12 years, therefore, the transfer order has rightly been passed in public interest. It is also clear that the petitioner has been given a District Headquarter. The ground that his son is studying in 12th class, cannot be said to be a good ground to stay the transfer order, in as much as the petitioner has been transferred to District Headquarter at Gopeshwar, where his son can get better
education. Therefore, we are not inclined to interfere with the transfer order.
4- The petition being devoid of merit is dismissed in limine.
ISB
1 issue framed by the court
Whether the transfer order of a Medical Officer from Rishikesh to Gopeshwar should be quashed?
Dr. Ashok Kumar Gairola
State of Uttaranchal
Chief Medical Superintendent S.P.S. Government Hospital
P.C. Verma
B.C. Kandpal
As recorded by the court registry
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