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Patna High Court

Awadhesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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
Patna High Court CWJC No.2574 of 2025 dt.06-04-2026
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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,
Patna High Court CWJC No.2574 of 2025 dt.06-04-2026
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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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