HC dismisses Government doctor’s appeal against transfer

The Madurai Bench of the Madras High Court has upheld a Single Bench order that dismissed the plea of a government doctor from Nagercoil. She challenged the transfer order issued by the Director of Public Health and Preventive Medicine.

The court was hearing an appeal preferred by A. Femila of Nagercoil. A Single Bench of the court had dismissed her petition challenging a transfer order issued to her in 2020. She was transferred from Nagercoil to Paramakudi.

While dismissing the petition, the Single Bench had observed that the government may have decided that a particular officer would be the best person to tackle certain issues in a particular place or post and it was the subjective satisfaction of the competent authority.

Therefore, the power of judicial review and its scope are undoubtedly limited. The courts in all circumstances cannot interfere with the administrative reasons. Administrative reasons cannot be defined in a narrow compass, the Single Bench said.

In her appeal, Femila said that she was not heard before the transfer order was issued. The State submitted that the doctor was transferred during COVID-19 pandemic situation to meet the exigencies faced by the nation.

Dismissing the appeal, a Division Bench of Justices Paresh Upadhyay and R. Vijayakumar observed that the doctor was transferred on administrative grounds and there was no error in the Single Bench order which may call for interference.