1 2025:CGHC:20931 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3273 of 2025 1 - Dr. Iqbal Hussain S/o Shri M. A. Hussain Aged About 39 Years R/o House No. 9/903, Lane-06, Bhartiya Nagar, Bilaspur, District - Bilaspur (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through - Secretary, Public Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.) 2 - Commissioner - Cum - Director Health Services, Sector-19, Nawa Raipur, Atal Nagar (C.G.) 3 - Collector Janjgir, District Janjgir-Champa (C.G.) 4 - Chief Medical And Health Officer Janjgir, District Janjgir-Champa (C.G.) 5 - Civil Surgeon-Cum- Chief Hospital Superintendent District Hospital Janjgir, District Janjgir-Champa (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Jitendra Pali, Advocate. For Respondents/State : Mr. Rishabh Bisen, Panel Lawyer. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.05.09 10:39:02 +0530 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 07/05/2025 1. By the present writ petition, the petitioner is questioning the order of transfer dated 24/04/2025, by which, the petitioner has been transferred from the District Hospital Janjgir, District: Janjgir-Champa to Community Health Center, Narayanpur, District: Narayanpur. 2. Learned counsel for the petitioner submits that the petitioner was selected and appointed as Medical Officer vide order dated 17/09/2011 and posted at District Hospital Sukma, thereafter, vide order dated 03/08/2016, the petitioner was appointed on probation as a Medical Officer at District Hospital Janjgir, District:Janjgir-Champa. He further submits that though the petitioner is under probation, the order of transfer dated 24/04/2025 from the District Hospital Janjgir, District: Janjgir- Champa to Community Health Center, Narayanpur, District: Narayanpur has been passed by the respondent, which is clear violation of the Special remarks in the Transfer Policy dated 12/08/2022, in which clearly mentioned that there is a complete ban of transfer of Officer and employees, who are under probation. 3. Learned counsel for the respondent/State submits that the transfer order Annexure P-1 has been issued by the State due to administrative exigency and the transfer of the employee or 3 Officer under probation can be made in case of administrative exigency and there is no illegality in the order of transfer. 4. I have heard learned counsel for the parties, perused the pleadings and documents. 5. It appears from the Policy annexed in the writ petition which clearly provides that the employee or officer under probation should not be transferred. However, in spite of the provision of said prohibition, in the policy of the State Government, the respondents have transferred the petitioner from the District Hospital Janjgir, District: Janjgir-Champa to Community Health Center, Narayanpur, District: Narayanpur. Hence, the impugned transfer order dated 24/04/2025 is liable to be and is hereby quashed. 6. With the aforesaid observation, the writ petition stands allowed. SD/- (Bibhu Datta Guru) Judge Amardeep