Neutral Citation No. - 2025:AHC:146220 Court No. - 4 Case :- WRIT - A No. - 12226 of 2025 Petitioner :- Dr Jyoti Sharma Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- M.P.S. Chauhan,Sunil Kumar Singh Counsel for Respondent :- Abhimanu Mishra,C.S.C.,Yash Raj Verma Hon'ble Ajit Kumar,J. 1. Heard Shri Sunil Kumar Singh, learned counsel for petitioner, Shri G.K.Singh, learned Senior Advocate for respondent No. 6 and learned Standing Counsel for state respondents. 2. By means of this petition filed under Article 226 of the Constitution petitioner has challenged the order dated 01.08.2025 passed by the Chief Medical Officer, Aligarh recalling his earlier order dated 15.07.2025. 3. Questioning the order dated 01.08.2025, it has been argued by learned counsel for petitioner that the order has come to be passed on the recommendation made by local Member of Legislative Assembly with an endorsement of Deputy Chief Minister and hence, the order is a result of colourable exercise of administrative power under political pressure. 4. On the contrary it is argued by Shri G.K.Singh, learned Senior Advocate appearing on behalf of respondent No. 6 that earlier petitioner had stood transferred on 15.07.2025 but for the recommendation made by the Member of Parliament that the order dated 22.05.2025 has come to be recalled. It is argued that ever-since the beginning while the petitioner was transferred, she tried to influence the authority by getting recommendation from the Member of Parliament. 5. Having heard learned counsel for respective parties and having perused the records, I find that both the orders dated 15.07.2025 and 01.08.2025 have been passed only upon the recommendation made by the Member of Parliament and Member of Legislative Assembly with the endorsement of Deputy Chief Minister who is also Minister of Health Department, to do the needful. In these circumstances, therefore, the Court is of the view that any recommendation made by the Member of Parliament or local Member of Legislative Assembly ought not to have been made the ground to transfer an employee. 6. At this stage both the learned Advocates appearing for respective parties agree for quashing of the orders dated 15.07.2025 and 01.08.2025 with the direction to the Additional Director, Medical and Health, Government of U.P. at Lucknow, this time to pass appropriate orders without being influenced by any political persons. It is expected that the Minister concerned of the department would not be making any recommendation so as to enable the respondent no. 3 to pass appropriate order. 7. Accordingly the order dated 15.07.2025 and 01.08.2025 passed by the Chief Medical Officer, Aligarh are hereby quashed. 8. Parties are directed to appear before the respondent No. 3 on or before 05.09.2025 and the respondent No.3 shall be passing appropriate order within a week thereafter without being influenced by the order dated 19.05.2025, which he may even modify. 9. In the meanwhile, the respondent No. 3 shall make necessary arrangement to give charge to a third person of the Community Health Centre, Iglas, Aligarh. Order Date :- 23.8.2025 Nadeem WRIA No. 12226 of 2025 2 Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad