1 2025:CGHC:35793 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7894 of 2025 1 - Dr. Aniruddha Singh Kasar S/o Bharat Singh Kasar Aged About 37 Years R/o - District Hospital Mahasamund, District- Mahasamund, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Chhattisgarh. 2 - State Level Transfer Committee Of Senior Secretaries Mahanadi Bhawan, Nava Raipur Atal Nagar, Chhattisgarh. ... Respondent(s) (Cause title taken from Case Information System) For Petitioner(s) : Mr. Navoday Singh, Advocate For Respondent(s)/State : Mr. Vinay Pandey, Deputy A.G. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 24/07/2025 1. The petitioner has filed the present writ petition challenging the transfer order dated 30.06.2025, whereby he has been transferred from District Hospital, Mahasamund to District Hospital, Balrampur. 2. Learned counsel for the petitioner would submit that, the petitioner is a medical officer, and was posted at Community Health Centre, Tumgaon, VED PRAKASH DEWANGAN Digitally signed by VED PRAKASH DEWANGAN Date: 2025.10.27 18:55:31 +0530 2 District Mahasamund. He has been transferred on his own request from Community Health Centre, Tumgaon to District Hospital, Mahasamund vide transfer order dated 26.06.2025. In compliance of the order dated 26.06.2025, he had joined at District Hospital, Mahasamund on 27.06.2025. Immediately thereafter, he has again been transferred to District Hospital, Balrampur. He would further submit that, the transfer order dated 26.06.2025 has been complied with and the petitioner cannot be transferred again. The transfer order dated 26.06.2025 was amended on 30.06.2025 and the petitioner has been transferred to District Hospital, Balrampur without any reason. The impugned order dated 30.06.2025 is against the provisions of clause 3.19 of the transfer policy dated 05.06.2025 issued by the State Government, which provided that any amendment in the transfer order can be made only after approval of Hon’ble the Chief Minister of the State, however in the present case, there is no approval, and therefore, the impugned order is liable to be quashed. The earlier transfer order dated 26.06.2025 has already been executed and once the order has been executed, amendment cannot be made in the said transfer order. He would further submit that the petitioner has made his representation on 01.07.2025, but the same has not been considered by the authorities. Therefore, the impugned transfer order is liable to be quashed. 3. On the other hand, learned counsel appearing for the State would submit that the petitioner has been transferred from District Hospital, Mahasamund to District Hospital, Balrampur on administrative exigency after following the provisions of the transfer policy. It is not a case, where the petitioner has been transferred from Community Health Centre, 3 Tumgaon to District Hospital, Balrampur, but his place of posting has been considered as District Hospital, Mahasamund, where he has joined in compliance of the transfer order dated 26.06.2025. His transfer is on administrative exigency and he cannot claim to remain posted at a particular place of posting. There is no arbitrariness or mala fide in the transfer order of the petitioner and his writ petition is liable to be dismissed. 4. I have heard learned counsel for the parties and perused the material annexed with the petition. 5. The undisputed facts of the case are that, the petitioner is a medical officer and posted at Community Health Centre, Tumgaon, District Mahasamund. By the transfer order dated 26.06.2025, he has been transferred from Community Health Centre, Tumgaon to District Hospital, Mahasamund on his own request. In compliance of the order dated 26.06.2025, he had joined at District Hospital, Mahasamund on 27.06.2025. Vide order dated 30.06.2025, the petitioner has been transferred from District Hospital, Mahasamund to District Hospital, Balrampur. When the petitioner had joined there at District Hospital, Mahasamund on 27.06.2025, his place of posting would be at District Hospital, Mahasamund. Vide transfer order dated 30.06.2025, his place of posting has been considered at District Hospital, Mahasamund and he has been transferred to District Hospital, Balrampur. It is not a case here that, the petitioner has been transferred from Community Health Centre, Tumgaon to District Hospital, Balrampur. Therefore, even if the petitioner had joined at District Hospital, Mahasamund on 27.06.2025 in compliance 4 of the order dated 26.06.2025, it cannot be said that once the transfer order is being executed, the same cannot be amended. Although, in the order dated 30.06.2025, it has been mentioned that it is an amendment in the order dated 26.06.2025, but it is a fresh transfer order. 6. It is a trite law that transfer/posting is an incidence of service, the Court should not interfere with the transfer/posting order, unless there is malice, infringement of statutory rules and regulations. The employees may be posted anywhere at the instance of the employer in public interest and administrative exigency. Further, it is for the government to post another person, if any vacancy arises on account of transfer/posting of an employee. [see Airport Authority of India v. Rajiv Ratan Pandey and others, 2009 (8) SCC 337 and Chief Commercial Manager, South Central Railway, Secunderabad and others v. G. Ratnam and others, 2007 (8) SCC 212 and also Shilpi Bose (Mrs.) and others v. State of Bihar and others, 1991 Suppl. 2, SCC 659]. Further, from the documents annexed with the petition and the instructions submitted by the respondents/State, this Court do not find any scope of interference in this petition. 7. In view of the above settled legal position and also in the facts and circumstances of the case, no case for interference with the impugned orders dated 30.06.2025 (Annexure P/1) is made out. Accordingly, the writ petition is dismissed. Sd/- (Ravindra Kumar Agrawal) Judge ved