Asked July 09, 2016

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Hello sir, I'm a nurse working in an operation theatre of a government hospital. I was threatened by the HOD since 2years of a departmental transfer for questioning on arbitrary commands by the technicians of department. Last week a technician denied to add a drug to a IV fluid which he usually does always. But I was helpless because I have already entered the surgery. Though it was not harmful to the patient ,now the HOD blames me for not informing the doctor performing the surgery. Now they got a reason to transfer me ,but I don't wanna give up in this matter as it was a planned accusation from them.please help me to make a decision. Thank you

Answer 1

Anubha Yadav

In such cases of arbitrary transfers, you always have an option to challenge the transfer orders before competent authorities. First of all you need to see if there is a fixed tenure of service at a particular area or in a particular department, because if there is, the authorities need to provide a reason for transfer before the tenure ends which will ultimately stop the arbitrary transfer. Otherwise also you can write an application to the higher authorities to cancel the transfer orders. Because the authorities are obliged to provide a reason for transfer and no transfer can be arbitrary. Once challenged, politically motivated transfer orders can be quashed[1]. Like in the case of Rattan Lal vs State of HP[2] the transfer order was challenged as there was no evidence of administrative exigency and there was no reason given for approval of the transfer orders by the Chief Minister, necessity to transfer was not shown by the authorities. It was very well made clear by the apex court in the case of SR Venktaramana vs UOI[3] that the transfer order should be issued in bonafide exercise of administrative power, in public interest, in exigencies of administrative and requirements of public interest and transfers on account of weight of patrons is invalid.



[1] Chander Shekhar vs state of HP [2013 (3) SLC 1227]

[2] [2013 LIC 313]

[3] [1979 (2) SCC 491]

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