Dr. Bal Krishna Bansal vs State of U.P. and Others

B.M. Lal and B. Dikshit, JJ.—Heard Shri A. S. Rai, learned Counsel appearing for the Petitioner, on the question of admission and stay.

By this petition, the Petitioner challenges the orders of his transfer dated 22.2.1995 (Annexure 13). 18.5.1995 and 6.6.1995 (Annexure 14) passed by Respondent Nos. 7, 2 and 3 respectively transferring him from Primary Health Centre, Pinahat, Agra to Mainpuri under the Chief Medical Officer, Mainpuri.

It is not disputed that the Petitioner is posted at Primary Health Centre. Pinahat, District Agra since March, 1989 where he was posted earlier also in the same capacity.

Learned Counsel Shri Rai submits that the instant transfer orders have been passed at the behest of the local Member of Legislative Assembly (Respondent No. 6). To substantiate his arguments, he has filed the letter (Annexure 13) written by the local Member of Legislative Assembly to the then Health Minister (Respondent No. 7) of the State Government. The learned Counsel further submits that the Instant transfer of the Petitioner has been made in personal Interest and not in public Interest as has been stated in the impugned transfer orders.

The submissions made by the learned Counsel, in the opinion of this Court, have no force inasmuch as transfers of the Government servants are being made in the administrative exigencies and in public interest. in the instant case, the local Member of Legislative Assembly has not only invited the attention of the State Government to the long stay of the Petitioner at the Primary Health Centre, Pinahat, District Agra but has also expressed the feelings of the local residents in his letter (Annexure 13) to the effect that they are very dissatisfied with him and, therefore, he had requested for the transfer of the Petitioner out of district Agra in public interest.

It cannot, therefore, be said that the instant transfer has been made in personal interest and not in public interest. Here we may make it clear that not only the Members of Legislative Assemblies, Members of Parliament or Members of Rajya Sabha but any citizen can also invite the attention of the Government against the officers posted at a particular place for years together. Certainly, the Government may after due consideration transfer the officer concerned and the said transfer cannot be said to have been made in personal interest of the person who invited the attention of the Government to the same. Simply by writing such letters, it is brought to the notice of the Government that posting an officer at a particular station for long durations is contrary to the rules. Only this much the aforesaid Member of legislative Assembly has done.

Since in the instant case, the Petitioner is posted at Primary Health Centre, Pinahat, District Agra second time and has completed about six years'' tenure since his second time posting, therefore, his transfer from Primary Health Centre, Pinahat, in the opinion of this Court, is Justified.

Thus, no interference with the impugned transfer orders in writ Jurisdiction is called for.

The writ petition is accordingly dismissed in limine.