Jodhpur, July 31: The Rajasthan High Court has ruled that a Chief Medical and Health Officer (CMHO) is not authorised to place a doctor in Awaiting Posting Orders (APO). Only a competent authority can issue an APO order for any government personnel. Justice Rekha Borana granted relief in the petition filed by senior doctor Ramesh Chandra. Advocate Yashpal Khileri represented the petitioner.
Doctor Posted as In-Charge Since 2013
Advocate Yashpal Khileri informed the court that petitioner Dr. Ramesh Chandra has been regularly appointed as a Medical Officer since 2013 and, after completing six years of satisfactory service, is currently serving as Senior Medical Officer and In-Charge of the Community Health Centre in Busi (Rani Block), Pali.
False Complaint and CCTV Evidence
On the night of June 5, 2025, a woman identifying herself as a patient arrived at the CHC Busi and began pressuring staff to check her blood pressure and administer a drip. Upon examination, she was found to be completely normal and in no need of any injection or drip. Despite this, she insisted on receiving a drip and allegedly threatened the staff, saying she would “ruin their careers” if her demands were not met. She introduced herself as a former councillor from a political party and issued repeated threats. All incidents were recorded on the hospital’s CCTV cameras.
As per the petition, medical decisions such as administering medication or treatment must be made by the doctor based on diagnosis, not patient demands. The woman allegedly misbehaved with staff, tore the register, and obstructed government work when her demands were denied. A police report was filed following the incident.
CMHO Issued APO Order Without Authority
The next day, the complainant approached the CMHO in Pali and submitted a false written complaint. Treating the complaint as true without verification, the CMHO issued an APO order on June 6, 2025, transferring Dr. Ramesh Chandra to the office of the Joint Director in Jodhpur—outside the officer’s jurisdiction.
The petitioner argued that the CMHO is neither his appointing nor disciplinary authority. Issuing an APO order solely on the basis of a false complaint is a violation of procedure and against service rules.
Advocate Cites Government Ban on APO Transfers
Advocate Khileri further stated that the Rajasthan government has imposed a clear ban on APO transfers. Even the state’s Health Minister has instructed departmental officers not to issue such orders. As per Rajasthan Service Rules, the competent authority for issuing APO orders for a doctor is the Principal Secretary of the Medical and Health Department—not the CMHO, who is a peer-level officer and does not hold administrative control over the petitioner.
CCTV footage also confirmed that the petitioner did not use any caste-based or abusive language. In fact, the inquiry officer found the complainant herself guilty of misbehaving, provoking the staff, and using inappropriate language in a loud voice.
High Court Quashes APO Order
It is a well-established principle in service law that no government employee can be placed under APO or transferred solely on the basis of a complaint. Issuing an APO order without authority and under political pressure is unlawful and unconstitutional. Such actions demoralise honest and dutiful personnel and harm their social reputation.
The court’s attention was also drawn to Rajasthan Service Rules 7(6) and 25-K, which specify that only a competent authority may issue APO orders. Previous judicial decisions, including Dr. Sukumar Kashyap vs. State of Rajasthan and Dr. Mahesh Kumar Panwar vs. State of Rajasthan, were cited to support this position.
After examining the records, the single bench of the High Court accepted the petition and quashed the APO order issued by the CMHO, Pali on June 6, 2025. The court held that APO orders can only be issued by a competent authority and that the CMHO is not empowered to issue such an order for a senior medical officer.
Leave a Comment