Bombay HC upholds gynaecology professor's transfer to college in Nanded

MUMBAI: Bombay HC has upheld the transfer of former professor and head, department of gynaecology at R N Podar Ayurved Medical College, Worli, observing it was done to "subserve public interest".
A bench headed by Chief Justice Dipankar Datta on Wednesday gave its verdict on a petition by Dr Soudamini Chaudhari against Maharashtra Administrative Tribunal rejecting her challenge to her transfer.In June 2018, she was transferred as a professor to the Government Ayurved College, Nanded. Senior advocate Anil Anturkar argued that power under Maharashtra Government Servants Regulation of Transfer Act, 2005, was exercised illegally. He said the dean had previously appreciated her work, yet on the pretext of a complaint that her relations with the nursing staff and other employees were not cordial, she was transferred before end of her normal tenure. State's advocate Jyoti Chavan said it was bona fide exercise of power and urged the court not to interfere with the transfer order.
The judge noted the dean, in a report to the director, Ayush, had expressed concern regarding the petitioner's way of functioning and her hostile relations with the nursing staff and other employees, which was affecting patients. The director sent a proposal to the Civil Service Board which, in May 2018, recommended her transfer. It was approved by the medical education minister and the CM.
The judges said there is no allegation that the transfer order has penal consequences such as downgrade of post or pay. Rather her entitlements would be intact at the Nanded posting. They saw no reason to fault the authorities for not conducting an inquiry, but ordering her transfer "to ensure unhindered and smooth working conditions" at the college. Noting they found no flaw in the decision-making process, they dismissed the plea.