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Judgment
Sudhanshu Dhulia, J.—Heard learned Counsel for the Petitioner as well as learned Standing Counsel for the State of Uttarakhand.
This writ petition has been filed by the Petitioner challenging the order-dated 5.7.2010 (Annexure-1 to the writ petition), whereby she has been transferred from Soban Singh Jeena Base Hospital, Haldwani District Nainital to Joint Hospital, Tanakpur, District Champawat.
The transfer order dated 5.7.2010 appears to have been passed on administrative exigencies, therefore, no interference is called for inasmuch as the transfer orders can normally be interfered only on two grounds, A) if there is statutory violation or the order being without jurisdiction or B) in case the order has been passed with malafide intentions. Evidently none of these grounds exist in the present impugned order, therefore, no interference is called for by this Court.
The grounds stated before this Court such as the death of her husband, the ailing mother of the Petitioner who needs to be looked after by the Petitioner as well as the fact that the Petitioner is a heart patient, can only be looked into by the concerned authority. Therefore, it is directed that in case the Petitioner complies with the impugned transfer order and gives her joining at the Hospital at Tanakpur, District Champawat, she would be at liberty to move a representation before the concerned authority for her transfer/adjustment to any other place. If such a representation is made by the Petitioner after due compliance of the impugned transfer order, the concerned Authorities will dispose it, considering the grounds urged by the Petitioner.
With the above directions, the writ petition is disposed of.
No order as to costs.