1 2025:CGHC:20635 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3188 of 2025 1 - Dr. Deepak Kumar Sahu S/o Jageshwar Prasad Sahu Aged About 34 Years Presently Working As Medical Officer, District Hospital Janjgir-Champa, R/o H.I.G. 43 D, Hasdev Vihar, Housing Board Janjgir, District : Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh. 2 - Chief Medical Officer/ Civil Surgeon, District Janjgir-Champa, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Tapan Kumar Chandra, Advocate. For Respondents/State : Mr. Vinay Pandey, Dy.A.G. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 06/05/2025 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-Champa to AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.05.06 18:17:47 +0530 2 Community Health Center, Khadganwa, District: Manendragarh-Chirmiri-Bharatpur. 2. Learned counsel for the petitioner submits that the petitioner was selected and appointed as Medical Officer vide appointment order dated 19/01/2022, in which, it has been prescribed that after the appointment, the petitioner will be in probation for a further period of three years from the date of joining of the petitioner. Pursuant to the said appointment order, the petitioner joined the service on 31/01/2023 as a Medical Officer in District Hospital, Jangir-Champa. He further submits that though the petitioner is under probation, the order of transfer from the District Hospital Janjgir-Champa to Community Health Center, Khadganwa, District: Manendragarh-Chirmiri-Bharatpur 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 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 3 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-Champa to Community Health Center, Khadganwa, District: Manendragarh-Chirmiri-Bharatpur. 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