HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15227 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri S.K. Sharma, learned counsel for the writ petitioner and Sri Vijay Lal, learned Standing Counsel for the State. 2. The case of the writ petitioner is that the writ petitioner herein is working as Incharge, Medical Officer in Primary Health Centre, Kalan, Shahjahanpur, however, by virtue of an order dated 15.09.2025, the Chief Medical Officer, Shahjahanpur, second respondent proceeded to pass an order whereby the writ petitioner has been transferred from Primary Health Centre, Kalan, Shahjahanpur to Combined Health Centre, Khutar, Shahjahanpur. Learned counsel for the writ petitioner has submitted that the aforesaid transfer order is nothing but a colourable exercise of power particularly when pursuant to the policy of the State Government that quacks are not to be tolerated for even a single moment, a direction came to be issued by the District Magistrate to CMO pursuant whereto the writ petitioner was assigned the task of making investigation/inquiry regarding quacks who are prevalent in medical fraternity and pursuant whereto the writ petitioner claims to have seized the clinic of Dr. Rajesh Verma, Dr. Arendra Kumarr and Sri Sanjay Kumar, however, Dr. Rajesh Sharma had a close link with a local MLA on whose instigation and instance, the transfer order has been passed. Learned counsel for the writ petitioner submits that it is the discretion of the appointing authority to transfer an incumbent from one place to another which happens to be an incident of service but the said exercise cannot be in any manner whatsoever arbitrary backed by or at the behest of a local MLA who sides with a person who is a quacks. Learned counsel for the writ petitioner submits Versus Counsel for Petitioner(s) : Sachin Kumar Sharma Counsel for Respondent(s) : C.S.C. Dr. Dinesh Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) that the writ petitioner has already preferred a complaint before the Chief Minister on 12.02.2025, copy whereof to District Magistrate, Shahjahanpur and Chief Health Officer, Shahjahanpur. 3. Learned Standing Counsel, on the other hand, submits that whatever might be what would be relevant is that though allegations have been levelled against the local MLA and the doctor who is being termed to be a quacks but he has not been impleaded in personal capacity. Thus, the writ petition may not be maintainable and the Court may not go into the said aspect of the matter, however, according to him it is for the writ petitioner to press his claim in that regard. 4. Considering the submissions so made across the bar and bearing in mind the fact that the writ petitioner stands transferred within the district and the writ petitioner has not impleaded the party against whom mala fides have been alleged, thus, this Court does not find it appropriate to delve into the issues relatable to mala fide. However, the writ petition stands disposed of directing the writ petitioner to file a fresh comprehensive representation before the Chief Medical Officer, Shahjahanpur by 17.10.2025 and he shall decide the same within a period of one month. There is a caveat that the decision shall only be taken provided the writ petitioner joins at the transferred place and the joining the writ petitioner shall be subject to the further orders to be passed on the representation. October 9, 2025 Rajesh WRIA No. 15227 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad