Neutral Citation No. - 2025:AHC-LKO:10919 Court No. - 6 Case :- WRIT - A No. - 12763 of 2024 Petitioner :- Saroj Rani Respondent :- State Of U.P. Thru. Prin. Secy. Medical Health And Family Welfare Lko. And 4 Others Counsel for Petitioner :- Shashank Singh Counsel for Respondent :- C.S.C.,Puneet Chandra Hon'ble Alok Mathur,J. 1. Written instructions dated 27.01.2025 sent by Chief Medical Officer, Kheri is taken on record. 2. Heard Ms. Rubi Chaudhary holding brief of Sri Shashank Singh, learned counsel for the petitioner as well as learned Standing Counsel on behalf of the State-respondents and Sri Mohit Chandra, holding brief of Sri Puneet Chandra on behalf of the respondent no.2. 3. It has been submitted by counsel for the petitioner that the petitioner is working on the post of Staff Nurse in Block - Isanagar, District - Lakhimpur Kheri since 2015. The petitioner is working on contractual post and submits that her service is non-transferable. The grievance raised by the petitioner in the present writ petition with regard to the impugned order dated 13.08.2024 whereby number of complaints have been received with regard to the working of the petitioner in the Community Health Centre, Isanagar wherein there are allegations of insubordination and misbehaviour with other fellow members and also for disobeying the order of the superiors. In this regard, the District Health Society conducted and taken a decision in the meeting on 22.03.2024 and also the matter was taken up in the District Grievance Committee and its only after receiving the report that the petitioner's services have been transferred on the Administrative ground to Primary Health Centre, Dhakerwa, Nankar. The petitioner has challenged the said order on the ground that the services of the petitioner cannot be transferred and submitted that the order is illegal and arbitrary and deserves to be quashed. 4. It was further submitted that the petitioner has not been given an opportunity in any of the inquiry and hence, for this reason also the order is in violation of principles of nature justice and deserves to be set aside. 5. Counsel for the respondents, on the other hand, has opposed the writ petition. He has also received written instructions from the Chief Medical Officer, Kheri. According to the respondents, the petitioner is repeatedly misbehaving with the doctors and fellow employees and the entire atmosphere in the Community Health Centre has been vitiated on this account. The Chief Medical Officer had received number of complaints against the petitioner and accordingly, inquiry was conducted and number of persons had been deposed before the Inquiry Officer and supported the allegations against the petitioner. The said documents have also been perused by the Court. 6. From the perusal of the same, we find that there are numerous allegations which find mentioned in the impugned order against the petitioner. Confronted with the sort of allegations leveled against the petitioner and considering that she is being appointed on contract basis and services are non- transferable. The options before the respondents were very limited. They included either termination of the contract which would have very extremely serious repercussions and the other was to transfer the petitioner to another Community Health Centre on Administrative ground. 7. Considering the number of allegations, the nature of the same and after duly considering the aforesaid allegations, a decision was taken to transfer by means of the impugned order dated 13.08.2024. It may be that the services of the petitioner are non- transferable, this Court feels that a lenient view has been taken by the respondents looking into the conduct of the petitioner where it could have been open for them to take a harsher decision that what has been taken. We have also been informed that in pursuance of the impugned order dated 13.08.2024, the petitioner has already joined at transferred place of posting and is working on the said post. The controlling authority/Disciplinary authority when confronted with the aforesaid circumstances has to take a decision to run the Government Office in the best possible manner so that the work is conducted in the public interest does not suffer. In case, it is found that any one officer is vitiating the entire atmosphere of the government office, the disciplinary authority / competent authority has sufficient powers to at least immediately transfer such an employee in public interest. 8. We find that after perusing the material available which supports the impugned order where various statements have been recorded, demonstrating misbehaviour of the petitioner with other officials I do not find any good ground for interference in the order dated 13.08.2024 in exercise of power under Article 226 of the Constitution of India which undoubtedly a discretionary power, despite finding that the order may not be strictly within the four corners of the contract or law still in peculiar circumstances of the case, this Court may decline to interfere any such order, the present case is one all those cases where even though the services of contract employee may not be liable to be transferred but considering the nature of allegations, we are not inclined to interfere in the impugned order. 9. For the reasons aforesaid, the petition is accordingly dismissed. [Alok Mathur,J.] Order Date :- 19.2.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench