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Judgment
Heard.
The grievance of the petitioner is that the petitioner, who is posted in the Sub Health Centre, Kharora, District Raipur has been transferred to Sub Health Centre, Khorpa, Block Abhanpur, on administrative grounds. It is stated that against such transfer, the petitioner has made a representation before the grievance redressal committee, wherein the report was asked from the CMHO, Raipur. It is submitted that will all malafide the report was submitted by the CMHO that the petitioner along with other colleagues lands into frequent quarrel and husband of the petitioner used to right letters to the higher officials of the Ministry against other employees and consequently, all the employees posted in the said Sub Health Centre were not in co-operation with each other and therefore all were transferred. Learned counsel for the petitioner would further submit that the said allegations were tainted with malafide as the husband of the petitioner was beaten others and counter allegations have been attributed to the petitioner. He would further submit that the nature of duty of the petitioner is for 24 hours and in order to perform her duty she is required to remain present in the station and as per the policy of the State husband & wife are to be kept in the same place and the husband is posted at Kharora. It is further submitted that after the transfer of the petitioner to the other place the maternity delivery has totally stopped in the area and therefore, the local MLA and the other persons have requested for cancellation of the transfer and therefore, the transfer may be cancelled.
Per contra, learned State counsel opposes the arguments advanced by learned counsel for the petitioner.
Petitioner was transferred from Sub Health Centre, Kharora, District Raipur to Sub Health Centre, Khorpa, Block Abhanpur against that she made a representation before the grievance redressal committee and the committee has reverted back with the issue and called for a report from the CMHO, Raipur.
The CMHO had sent the following report:-
संबंधित कर्मचारी के द्वारा विगत कई वर्षों से वहां पदस्थ अन्य कर्मचारियों से आपसी रंजिश के चलते इनके पति श्री अगनुदास टण्डन के द्वारा सेक्टर खरोरा में पदस्थ स्वास्थ्य कर्मचारियों की शिकायत मंत्रालय, छ.ग.शासन एवं संचालनालय स्वास्थ्य सेवायें छ.ग. में की जाती हैं। वहा पदस्थ कर्मचारियों का भी स्थानांतरण किया गया है, ताकि वहां समस्त राष्ट्रीय एवं स्वास्थ्य कार्यक्रमों का संलचन सुचारू रूप से किया जा सके।
Considering the aforesaid finding the petitioner's representation has not been considered. Considering the report of the CMHO, which shows that the entire staff were changed in respect of the particular Sub Health Centre for proper administration and discharge of job, coupled with the fact that the serious allegations have been attributed to the petitioner no reason exist to disbelieve them. Even otherwise transfer is an incident of service. This Court in exercise of jurisdiction under Article 226 of the Constitution of India will not enter into the factual aspect so as to sit in the arm chair of the CMHO to negate the finding. In a result, for the reasons stated, I do not find any illegality in the order of transfer.
Accordingly, the writ petition is dismissed.