Judgment:
C.M.No.4453 of 2014 and CWP No.3690 of 2014 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH210 C.M.No.4453 of 2014 and CWP No.3690 of 2014 (O&M) Date of Decision : June 30, 2014 Daljit Singh ...PETITIONERS versus State of Haryana and others ....RESPONDENTS CORAM : HON'BLE Mr.JUSTICE AUGUSTINE GEORGE MASIH Present : Mr.Harkesh Manuja, Advocate, for the applicant/respondent No.4.
Mr.Alok Jain, Advocate, for the petitioner.
Mr.Sunil Nehra, Sr.DAG, Haryana, for the State.
AUGUSTINE GEORGE MASIH, J.
(ORAL) The present application has been preferred by the applicant/respondent No.4 with a primary grievance that the order dated 27.03.2014 (Annexure R-1) passed by the Director General, Health Services, Haryana indicates the non-application of mind and it only mentions that the transfer order of Daljit Singh (Male) PHC Kahnour, CHC Kalanour (Rohtak) to CHC Dudhola Palwal vice Prerna datta 2014.07.02 09:59 I attest to the accuracy and integrity of this document High Court, Chandigarh C.M.No.4453 of 2014 and CWP No.3690 of 2014 (O&M) 2 Sh.
Surender Kumar, MPHS dated 21.02.2014 stands cancelled with immediate effect in compliance with the order passed by the High Court dated 03.03.2014.
Counsel for the applicant-respondent No.4 contends that the order dated 03.03.2014 only gives the direction to the Director General, Health Services, Haryana to consider the representation of the petitioner, in case the same is submitted within a period of one week.
The Director General, Health Services, Haryana is although not the competent authority for passing a transfer order but in any case, he should have passed a well-reasoned speaking order either accepting or rejecting the application of the petitioner, which does not find mention in the order dated 27.03.2014.
Counsel has thus, submitted that the said order deserves to be set aside firstly, on the ground of non-application of mind and secondly, on the ground that the competent authority to pass the said order would be the Director, Health Services (Malaria) Haryana and not the Director General, Health Services, Haryana as the initial order of transfer, which was challenged by the petitioner in the writ petition, was passed by the said authority.
He, therefore, prays for withdrawal of the directions issued to the Director General, Health Services, Haryana to decide the representation of the petitioner and instead give such directions to the Director, Health Services (Malaria) Haryana.
Counsel for the non-applicant/petitioner could not dispute the fact that the initial order, which was challenged before this Court by the petitioner, had been passed by the Director, Health Services Prerna datta 2014.07.02 09:59 I attest to the accuracy and integrity of this document High Court, Chandigarh C.M.No.4453 of 2014 and CWP No.3690 of 2014 (O&M) 3 (Malaria) Haryana.
He, however, states that the Director General, Health Services, Haryana being over-all incharge is the competent authority to pass such an order which has been passed by him on 27.03.2014.
He, therefore, contends that the subsequent order, which has been passed by the Director General, Health Services, Haryana in compliance with the order passed by this Court dated 03.03.2014, deserves to be kept intact.
On hearing the counsel for the parties, in view of the fact that the competent authority, as per the Rules of Business as well as the impugned order in the writ petition, is the Director, Health Services (Malaria) Haryana, this Court is of the considered view that the directions issued by this Court vide order dated 03.03.2014 in CWP No 3690 of 2014 deserve to be recalled limited to the extent of issuance of directions to the Director General, Health Services, Haryana.
Ordered accordingly.
Let now the matter be considered by the Director, Health Services (Malaria) Haryana with liberty to the petitioner as well as the applicant-respondent No.4 to put forth their respective claims for posting them at PHC Kahnour, CHC Kalanour (Rohtak) through representations within a period of two weeks' from today.
Petitioner as well as respondent No.4 be given a personal hearing by the Director, Health Services (Malaria) Haryana and thereafter, a final order be passed dealing with the contentions and requests of the petitioner as well as respondent No.4.
The final decision be taken within a period of eight weeks' from today.
Prerna datta 2014.07.02 09:59 I attest to the accuracy and integrity of this document High Court, Chandigarh C.M.No.4453 of 2014 and CWP No.3690 of 2014 (O&M) 4 Till such a decision is taken by the Director, Health Services (Malaria) Haryana, status quo, as it exists today, shall be maintained.
The application as well as the main writ petition stand disposed of accordingly.
Copy of the order be given dasti to the counsel for the parties under signatures of the Special Secretary of this Court.
(AUGUSTINE GEORGE MASIH ) June 30, 2014 JUDGE pj Prerna datta 2014.07.02 09:59 I attest to the accuracy and integrity of this document High Court, Chandigarh