2026:JHHC:19493 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 4183 of 2025 -- Dayanand Prasad, aged about 56 years, son of Late Shyama Prasad, resident of Ward No.15, Shastri Nagar, Gumla, P.O., P.S. and District Gumla, Jharkhand …Petitioner -Versus- 1. State of Jharkhand through its Additional Chief Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, having office at Nepal House, Doranda, P.O. & P.S-Doranda, District-Ranchi, Jharkhand 2. Joint Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, having office at Nepal House, Doranda, P.O. & P.S-Doranda, District-Ranchi, Jharkhand 3. Director-in-Chief, Health Services, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, having office at Nepal House, Doranda, P.O. & P.S-Doranda, District-Ranchi, Jharkhand 4. Regional Deputy Director, Health Services, South Chhotanagpur Division, Department of Health, Medical Education and Family Welfare, Government of Jharkhand, having office at Nepal House, Doranda, P.O. & P.S- Doranda, District-Ranchi, Jharkhand 5. Civil Surgeon cum Chief Medical Officer, Gumla, having office at Jashpur Road, Shastri Nagar, Gumla, P.O., P.S. and District- Gumla, Jharkhand 6. In-Charge Medical Officer, Community Health Centre, Raidih, P.O. and P.S. Raidih, District Gumla, Jharkhand ..Respondents CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN For the Petitioner(s) : Mr. Vaibhav Modi, Advocate M/s. Agnivesh, Niraj Kumar, Advs. For the Respondents : M/s. Rakesh Kr. Roy, Aditya Raman, A.C to G.A.-III -- 04/30.06.2026 The instant writ application has been preferred by the petitioner for several reliefs including quashing of the impugned order dated 18.06.2025, whereby the petitioner has been transferred from the office of Civil Surgeon, Gumla to the Community Health Centre, Raidih, Gumla. 2. The grievance of the petitioner is that this transfer order is not a regular transfer; rather it is a punitive transfer which is not sustainable in the eye of law. 2026:JHHC:19493 2 Learned counsel for the petitioner referred to the show-cause notice and submits that the show-cause notice itself indicates that the transfer order has been made by way of punishment. Learned counsel further draws attention of this Court towards the rejoinder, wherein as per the inquiry report, the respondents have made a proper inquiry and they found the petitioner to be not guilty for any of his mischief. 3. Learned counsel for the respondents submits that the transfer order is a chain transfer and the same has been done due to administrative exigency because it was found that the petitioner was doing irregular things in manipulating the data of tender and L 2 declared firm as L-1. Ld. Counsel further submits that all these statements are on the basis of counter affidavit filed before this Court on behalf of the contesting respondents. 4. At the outset, it is clarified that this Court is not going to see the merit of the show-cause notice and/or the result of the enquiry committee which has been indicated in the rejoinder. 5. However, from bare perusal of the impugned order dated 18.06.2025 (transfer order) and the contention of the respondents made at bar clearly indicates that the order of transfer is punitive in nature and the law is well settled that though the respondents are having liberty to transfer any employee as per the administrative exigency, but in no case a transfer order should be punitive in nature. The fact of issuance 2026:JHHC:19493 3 of show-cause further corroborates the contention of the petitioner that the transfer order is punitive in nature. For brevity and convenience, the transfer order (Annexure-2) is extracted hereinbelow: “ , / ०, , 18.06.2025 , च -2645 च - 1. 2. 6. From bare perusal of the transfer order, this Court is having no hesitation in holding that this order is punitive in nature; accordingly, without acceding to the other prayer made in the writ application and without interfering with the merits of the case with respect to the show-cause issued against the petitioner; this Court intends to quash the order of transfer dated 18.06.2025 (Annexure-2), being punitive in nature. 7. Accordingly, the impugned order dated 18.06.2025 (Annexure-2) issued by the Joint Secretary of the Government transferring the petitioner is, hereby, quashed and set aside. The petitioner is directed to report to the erstwhile office of Civil Surgeon Office, Gumla along with a copy of this order. 2026:JHHC:19493 4 The moment, the petitioner will report the erstwhile place of posting i.e., Office of Civil Surgeon, Gumla, he shall be given joining. However, it is made clear that the respondents would be free to proceed in any departmental proceeding if the same is still pending and/or may initiate de novo proceeding. 8. With the aforesaid observation/direction, the instant writ application is partly allowed. Pending I.A(s), if any, stands closed. (Deepak Roshan, J.) 30th June, 2026 Jk Uploaded on 07 /07/2026