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Dr. Harendra Singh Chauhan v. State Of U.P. And Others - WRIT - A No. 54288 of 2006 [2006] RD-AH 16961 (27 September 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Civil Misc. W.P. No.   54288  of 2006

Hon'ble Sushil Harkauli, J.

Hon'ble G.P. Srivastva, J.

The petitioner has been transferred by order dated 8.7.2006 to Etawah. The transfer order shows his present posting at Jhansi. The petitioner was posted at Jhansi since he joined service in 1990 but in 2002, he was transferred to Lalitpur and has been posted in Lalitpur, since then. Accordingly, on 26th July 2006, a rectification order was issued correcting his present place of posting from Jhansi to Lalitpur.

Further, according to paragraph 18 of this writ petition, no other person has been posted in place of petitioner at Lalitpur.

The petitioner submits that he has been transferred under the policy of transferring medical practitioners who have remained in one district for more than 10 years under the misconception that the petitioner had completed more than 10 years of posting at Jhansi whereas, this fact was not correct.  

In the circumstances, we allow the petitioner to make a representation to the respondent No. 2, if it has not already been made along with a certified copy of this order. If a representation has been made already, its copy may be served upon the respondent No. 2 along with certified copy of this order and the respondent No. 2 will examine the matter within two months of the date on which these papers are received by the respondent No. 2. If the representation is made as above within 10 days from today, for a period of ten weeks, the transfer order of the petitioner dated 8.7.2006 as rectified by order dated 27.7.2006 will remain suspended so far as the petitioner is concerned, to enable the respondent No. 2 to take the decision as above.

The writ petition is disposed of as above.

Certified copy of the order will be given on payment of requisite charges today.

Dated : September 27, 2006



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