Saurabh Malik

Tribune News Service

Chandigarh, August 13

Interference of legislators in transfers and postings has been a matter of surmises for long. But a petition filed before the Punjab and Haryana High Court, alleging the transfer of a medical officer on an MLA’s recommendations, has brought the matter under judicial scanner.

Taking cognisance of the matter, Justice Mahabir Singh Sindhu of the High Court has not only put the state of Punjab, Rajpura MLA and other respondents on notice, but also stayed the operation of the impugned transfer order dated July 29. The stay order will remain in force till September last week, when the case will come up for resumed hearing. In his petition, Dr Sikander Singh through counsel Saurabh Arora contended the petitioner, while doing his duty at the Rajpura Civil Hospital on July 27, reported a matter to the police authorities that a journalist was interfering in his work. The next day, the petitioner was allegedly pressured by four doctors to leave the hospital premises and join at the Nabha high security jail.

‘Pressured by docs’

In his petition, Dr Sikander Singh through counsel Saurabh Arora contended the petitioner, while doing his duty at the Rajpura Civil Hospital, reported to the police authorities that a journalist was interfering in his work. The next day, the petitioner was allegedly pressured by four doctors to leave the hospital premises and join at the Nabha high security jail

Another journalist allegedly assaulted the petitioner, regarding which a medico-legal report dated July 28 was also prepared.

Arora contended the same day, Rajpura MLA Hardial Singh Kamboj wrote to the Punjab Minister for Health and Family Welfare to transfer the petitioner to some far-off place and initiate disciplinary action against him as he had allegedly misbehaved with a reporter. Arora added the petitioner was transferred the next day from Rajpura to the Mansa Civil Hospital. The petitioner was on medical leave following injuries due to the alleged assault by the journalist and he received the relieving order dated August 3 while on leave. Arora added the impugned action was illegal, arbitrary, discriminatory, without jurisdiction, and “absolutely violative” of Articles 14 and 16 of the Constitution. “Till the next date of hearing, operation of the impugned transfer order dated July 29 shall remain stayed,” Justice Sindhu concluded.