DR. JITENDRA MISRA v. STATE OF U.P. THRU. PRIN. SECY. MEDICAL AND HEALTH DEPTT. LKO. AND 6 OTHERS
WRIA/7350/2025 · 2025-07-11
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150349 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150349 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:39555 Court No. - 18 Case :- WRIT - A No. - 7350 of 2025 Petitioner :- Dr. Jitendra Misra Respondent :- State Of U.P. Thru. Prin. Secy. Medical And Health Deptt. Lko. And 6 Others Counsel for Petitioner :- Yadukul Shiromani Srivastava (Y.S.Lohit),Aditi Patel,Mamta Tripathi,Pawan Kumar Srivastava,Shivani Maurya Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for the petitioner and learned State Counsel appearing on behalf opposite parties 1 to 4 & 7 while power on behalf of opposite party no.6 has been filed by Mr. Ganesh Nath Mishra, Advocate which is taken on record. In view of order being passed,notices to opposite party no.5 stand dispensed with.
2. Present petition under Article 226 of Constitution of India has been filed challenging orders dated 10.06.2025 and 27.06.2025 whereby petitioner currently posted as Medical Officer has been transferred in public interest from one Community Health Centre to another in District Gonda.
3. It has been submitted that impugned order has been passed by Chief Medical Officer, Gonda and is against the directions issued by Joint Director dated 25.06.2025 directing that petitioner be not transferred. Such a letter has been issued indicating that it is in pursuance of approval by the Director dated 23.06.2025.
4. Learned State Counsel has been provided written instructions dated 08.07.2025, a copy of which is taken on record and as per which, it is submitted that direction issued by the Joint Director of the Department were on the basis of some misrepresentation and therefore the Chief Medical Officer has written a letter to the said authority dated 28.06.2025 bringing correct facts within his knowledge and a final decision is yet pending.
5. Upon consideration of submissions advanced by
learned counsel for the parties and perusal of material on record, it appears that impugned transfer order has been passed by Chief Medical Officer ignoring the directions issued by Joint Director of the Department prohibiting petitioner's transfer.
6. Nonetheless, in view of a subsequent letter of Chief Medical Officer, the issue appears to be pending
consideration at the level of Director General of the Department.
7. In such circumstances, opposite party no.2, i.e. Director General, Medical and Health Department U.P., Swasthya Bhawan, Lucknow may take a decision on aforesaid dispute expeditiously, preferably within a period of two weeks from the date a certified copy of this order is served on him.
8. Till final decision by Director General, Medical and Health Department U.P., the impugned orders dated 10.06.2025 and 27.06.2025 shall remain in abeyance.
9. The petition is disposed of finally with aforesaid direction.
Order Date :- 11.7.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench