Dr Tatyarao Lahane acted arbitrarily by transferring gynaecologist, says HC bench

NARSI BENWAL/

In an embarrassment to Dr Tatyarao Lahane, head of Directorate of Medical Education & Research (DMER), the Bombay High Court held that his orders transferring a senior gynaecologist of JJ Hospital were arbitrary and beyond his powers. A bench of Chief Justice Dipankar Datta and Justice Girish Kulkarni upheld the decision of the Maharashtra Administrative Tribunal (MAT) which had quashed Dr

Lahane's orders transferring Dr Ashok Anand to a civil hospital at Ambejogai district.

The state in support of Dr Lahane through advocate general Ashutosh Kumbhakoni argued that the Epidemic Diseases Act granted powers to the head of DMER, as a nodal officer to transfer any public servant in the medical fraternity. It claimed that the transfer orders were passed

pursuant to a chargesheet filed against Dr Anand for being absent during the lockdown period.

In his defense, Dr Anand through his counsel Sonal argued that it is only the chief minister, who could have ordered his transfer and despite that being the law, Dr Lahane did not consult the CM.

CJ Datta said, "The primary object of the ED Act is to prevent the spread of an epidemic and authorizes measures to be taken but it does not include any step of the nature with which we are concerned. Shifting an officer out from a post held by him except in accordance with the provisions governing his employment, we are persuaded to hold, is not even an implied power that the Director of DMER possesses." "Such power would be susceptible to a charge of being arbitrary and offending Article 14 of the Constitution of India," the judges held.