Patna High Court
Awadhesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ANSHUMAN
Holding
The transfer was valid as the employee’s disobedience provided a legitimate administrative reason, so the writ petition was dismissed.
Summary
The petitioner, a Class IV male ward attendant appointed on compassionate grounds, challenged a transfer order that moved him from Sub‑Divisional Hospital, Rajgir to Community Health Centre, Sarmera. He alleged the transfer was made without his consent, violated a 1984 government circular prohibiting such transfers except for special administrative reasons, and was effected without a hearing, while also citing personal hardships caring for his elderly mother. The State contended that an enquiry found the petitioner had refused a lawful instruction from his superior, displaying irresponsibility, and that such misconduct justified a transfer as a special administrative reason. The court examined the circular, the enquiry report, and the principle that disobedience disrupting public work can warrant transfer. Concluding that the petitioner’s refusal constituted a valid administrative ground, the court declined to interfere with the transfer order and dismissed the writ petition.
Issues considered
- Whether a Class IV employee can be transferred without consent under the 1984 circular except for special administrative reasons.
- Whether the petitioner was denied a hearing, violating principles of natural justice.
- Whether refusal to obey a superior’s instruction constitutes sufficient ground for transfer.
- Whether the court can set aside an administrative transfer order in such circumstances.
Subjects
- Transfer of government employee
- Class IV employee
- Administrative law
- Natural justice
- Writ petition
- Disciplinary action
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2574 of 2025
======================================================
Awadhesh Kumar Son of Late Gorwa Dom @Gorwa Mallik, resident of
Mohalla- Marksbadi Nagar, Birayatan, Rajgir, Police Station- Rajgir in the
district of Nalanda.At Present R/o-Mohalla-Golpathar,P.S.-Kotwali,District-
Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Health,
Government of Bihar, Patna.
2. The Principal Secretary, Department of Health, Government of Bihar, Patna.
3. The Director-in-Chief, Health Services, Government of Bihar, Patna.
4. The Civil Surgeon-cum-Chief Medical Officer, Nalanda.
5. The Additional Chief Medical Officer, Non-communicable Disease, Nalanda
at Biharsharif.
6. The Deputy Superintendent, Sub-Divisional Hospital, Rajgir in the district
of Nalanda.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar, Advocate
For the Respondent/s : Mr. Advocate General
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 06-04-2026
Heard learned counsel appearing for the petitioner
and learned counsel appearing for the State.
2. Learned counsel for the petitioner submits that the
present writ petition has been filed for quashing the order
contained in Memo No. 3826 dated 27.12.2024, issued under
the signature of the Civil Surgeon-cum-Chief Medical Officer,
Nalanda, whereby the petitioner has been transferred from Sub-
Divisional Hospital, Rajgir to Community Health Centre,
Sarmera, Nalanda. The petitioner has also prayed for a direction
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to allow him to continue to work as a Male Ward Attendant at
Sub-Divisional Hospital, Rajgir.
3. Learned counsel further submits that the petitioner
was initially appointed on compassionate grounds against a
Class IV post (Sweeper), following the death of his father while
in service. Subsequently, his services were adjusted to the post
of Male Ward Attendant. It is further submitted that the Health
Manager, Primary Health Centre, Rajgir, misbehaved with and
abused the petitioner and also threatened to get him transferred.
Against such conduct, the petitioner submitted a complaint
before the District Magistrate, Nalanda on 24.10.2024. It is
further submitted that thereafter the said Health Manager,
namely Rajesh Kumar, pressurized the petitioner to withdraw
the complaint, which he refused. Consequently, in connivance
with the In-charge Deputy Superintendent, Sub-Divisional
Hospital, Rajgir, a report was allegedly made against the
petitioner to the Civil Surgeon-cum-Chief Medical Officer,
Nalanda.
4. It is further submitted that the petitioner again filed
a complaint before the District Magistrate, Nalanda on
19.12.2024. Thereafter, the Civil Surgeon authorized the
ACMO, Nalanda to conduct an enquiry. Following the enquiry,
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the petitioner was transferred from Sub-Divisional Hospital,
Rajgir to Community Health Centre, Sarmera within a period of
three years, allegedly in violation of the Government guidelines,
without affording any opportunity of hearing and without proper
enquiry into the veracity of the allegations. Learned counsel for
the petitioner further submits that as per the circular contained
in Memo No. 4651 dated 25.04.1984 issued by the Personnel
and Administrative Reforms Department, Government of Bihar,
Class IV employees cannot be transferred from one place to
another without their consent, except under special
administrative circumstances.
5. It is also submitted that the petitioner's mother is
about 80 years old, suffering from illness, and there is no other
male member in the family to take care of her. It is further
submitted that Sarmera is situated at a distance of about 60
kilometers from Rajgir. Accordingly, the petitioner has prayed
for setting aside the impugned transfer order and for permitting
him to continue at Sub-Divisional Hospital, Rajgir.
6. On the other hand, learned counsel for the State
submits that, as stated in the counter affidavit, upon the
complaint of the petitioner, an enquiry team was constituted and
a joint enquiry report was submitted. As per the report, during
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O.P.D. hours, the petitioner was directed by the Manager,
Primary Health Centre, Rajgir, Nalanda, to hand over the indoor
register to the concerned doctor, but he refused to comply. It is
stated that due to such refusal, the Block Health Manager used
inappropriate language. The enquiry team, on the basis of
statements of health employees, found that while there was a hot
exchange of words between the petitioner and the Block Health
Manager, no witness confirmed the use of abusive language.
The enquiry report concluded that the petitioner’s refusal to
obey instructions indicated irresponsibility and dereliction of
duty, and recommended appropriate action against both the
petitioner and the concerned Health Manager.
7. It is further submitted that the said joint enquiry
report was communicated to the In-charge Officer, District
Confidential Cell, Nalanda for necessary action vide Letter No.
3766 dated 23.12.2024. Thereafter, the petitioner was
transferred from Sub-Divisional Hospital, Rajgir to Community
Health Centre, Sarmera.
8. Upon perusal of the relevant government circular
regarding transfer of Class IV employees, it appears that transfer
is ordinarily not permissible without consent, except in cases
involving special administrative reasons. This Court, having
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considered the pleadings and submissions, is of the view that
where an employee disobeys the directions of his immediate
superior, resulting in disruption of public work, the same
constitutes a valid administrative reason warranting transfer.
9. In view of the aforesaid facts and circumstances,
this Court is not inclined to interfere with the impugned transfer
order. Accordingly, the writ petition stands dismissed.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 06/04/2026
Transmission Date NA
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