1 CGHC010370132026 2026:CGHC:41316 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6937 of 2026 Dr. Pushpa Kharsan W/o Shri Dr. Sanjay Kharsan Aged About 50 Years Presently Posted As Medical Officer, Community Health Centre Sahaspur Lohara, Tehsil Lohara, District Kabirdham, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 2 - Director Directorate Of Health Services, Indrawati Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh 3 - Chief Medical And Health Officer Kabirdham, District Kabirdham, Chhattisgarh 4 - Block Medical Officer Community Health Centre, Sahaspur, Lohara, District Kabirdham, Chhattisgarh ... Respondent(s) (Cause title taken from CIS) SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.09.23 17:54:43 +0530 2 For Petitioner(s) : Shri Amrito Das, Senior Advocate appearing through Video Conferencing along with Shri Shreyansh Mehta, Advocate For Respondent(s) : Shri Soumitra Kesharwani, Panel Lawyer Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 23.09.2026 1. By way of present writ petition, the petitioner has prayed for following reliefs:- A. This Hon’ble Court may kindly be pleased to issue an appropriate writ and thereby call for records concerning the issuance of the order dated 19/20.08.2026 (Annexure P/1). B. This Hon’ble Court may kindly be pleased to issue an appropriate writ quashing and setting aside the order dated 19/20.08.2026 (Annexure P/1) and all other consequential orders, to the extent it relates to the petitioner. C. Grant any other or further reliefs that this Hon’ble Court may deem fit in light of the facts and circumstances of the present case. D. Grant the cost of the petition to the petitioner. 3 2. Learned counsel for the petitioner submits that the petitioner is a regularly recruited Medical Officer, presently posted at the Community Health Centre (CHC), Sahaspur Lohara. By referring to the State Government circular dated 04.06.2001 (Annexure P/4), learned counsel submits that there is a complete statutory ban on the attachment of services of government employees, particularly doctors. However, the Chief Medical and Health Officer, District Kabirdham, vide the impugned order dated 19/20.08.2026 (Annexure P/1), whereby, the services of the petitioner has been attached to the 220-bedded District Hospital which is attached to the Medical College. Hence, it is contended that the order dated 19/20.08.2026 is illegal, arbitrary, and contrary to the circular dated 04.06.2001. 3. Per contra, learned counsel for the respondents/State submits that although the Chief Medical and Health Officer, District Kabirdham, may not be fully competent to pass the order dated 19/20.08.2026 in view of the State Government's circular dated 04.06.2001, the petitioner has been attached purely looking to the exigency of service and the specific requirement of his expertise having undergone (E-MOAC) 4 Training. 4. I have heard learned counsel for the parties, perused the impugned order, and examined the circular issued by the State Government. 5. It is not in dispute that the petitioner’s substantive and original place of posting is at the Community Health Centre, Sahaspur Lohara, as a Medical Officer. The impugned order dated 19/20.08.2026 is evidently an order of attachment passed by the Chief Medical and Health Officer, which runs directly contrary to the prohibition contained in the circular dated 04.06.2001. 6. Consequently, the impugned order dated 19/20.08.2026 (Annexure P/1) passed by the Chief Medical and Health Officer, Kabirdham, being in violation of the binding circular issued by the State Government, is hereby quashed. 7. However, this order shall not preclude the competent authority of the Respondent/State from passing an appropriate order regarding the transfer of the petitioner in accordance with law, keeping in view any genuine administrative exigency, if the State so desires. 5 8. With the aforesaid observations and directions, the writ petition stands allowed to the above extent. Sd/- (Bibhu Datta Guru) Judge shoaib