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Judgment
Tarlok Singh Chauhan, J
The petitioner has filed the instant petition for the following substantive relief:-
(i) “That a writ of Certiorari may kindly be issued and impugned Transfer Order dated 28.03.2023 Annexure P-1 may kindly be ordered to be quashed and set aside being contrary to Law and Transfer Policy, in the interest of justice.”
The order of transfer has genesis to the DO Note issued by the local MLA, who happens to be the Cabinet Minister. However, it is conceded that neither Minister is Incharge nor has any concern with the Health Department, which is manned by different Minister al-together.
Once that be so, the recommendations to transfer the petitioner outside the district, as proposed by the Minister, could not have been mooted by the administrative authorities. Therefore, in the given circumstances, obviously the order of transfer cannot sustain and is accordingly quashed and set aside.
However, it is made clear that this order shall not prevent the administrative authorities from mooting a fresh proposal to transfer the petitioner, in future, which shall be done strictly in accordance with law.
The writ petition is disposed of in the aforesaid terms, so also pending miscellaneous application(s), if any.