CAT refuses to interfere in transfer of govt hospital doctor

The Central Administrative Tribunal (CAT) has declined to entertain the challenge by a senior government doctor to his transfer, saying that there was no illegality in it.

New Delhi, Dec 23: The Central Administrative Tribunal (CAT) has declined to entertain the challenge by a senior government doctor to his transfer, saying that there was no illegality in it.
Dr D P Bhadoria in his petition had questioned the order issued by Delhi government transferring him from Guru Tegh Bahadur Hospital (GTBH) to Maulana Azad Medical College (MAMC).

Bhadoria had challenged the government order on the ground that it was not issued by a competent authority, which was the Union Health Ministry in his case as he belonged to the Central Health Scheme (CHS).

The doctor in his petition had alleged that since he was the senior-most in the department, he ought to have been promoted to the post of Head of the Department (HOD) instead of being transferred to another hospital.

A bench of the Tribunal headed by Member Meera Chhibber agreed with the stand taken by the Union Health Ministry and the Delhi government that there was no post of HOD to be given by way of promotion and nobody can claim, as a matter of right, to be posted as HOD.

The government had argued that HOD was only an administrative designation to ensure smooth functioning of each department. The senior-most doctor is designated as HOD and the petitioner was not eligible for it.

The Tribunal, however, quashed the government order of September 12, 2007 relieving him from the post on the ground that it was passed without the transfer order being served on the doctor. It directed the government to pass a fresh relieving order.

Bureau Report

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