Tribunal raps Commissioner Health over defying transfer of Doctor; Threatens Salary Attachment

Ajay Sharma

Jammu Tawi, August 11:

The Central Administrative Tribunal (CAT) in Jammu has issued a stern warning to top health officials in Jammu and Kashmir, granting two weeks to comply with a previous order for transferring a long-serving doctor or face attachment of their salaries. The directive comes amid allegations of discriminatory transfer practices within the health department, especially under the watch of the Commissioner Secretary.

In an order dated August 7, 2025, the tribunal expressed indignation over the non-compliance with its earlier ruling from February 27, 2025, which mandated the transfer of Dr. Rajesh Kumar, a Consultant Physician posted at Sub-District Hospital (SDH) Nowshera. Dr. Kumar has been stationed at the same location for over five years, a tenure the tribunal noted as causing significant hardship to him.

The case, listed as C.P. No. 220/2025 (JAMMU) in O.A. No. 193/2025 under the title Dr. Rajesh Kumar vs. Dr. Syed Abid Rasheed Shah, Commissioner/Secretary, and Another, highlighted ‘plagued’ transfer policies. According to the Tribunal’s observations, while several other doctors have been transferred within two to three years, Dr. Kumar’s extended posting appears discriminatory. “Despite granting so many opportunities to the Respondents, the order of the Tribunal dated 27.02.2025 has not been complied with,” the order states, adding that the delay is inexplicable given the petitioner’s long service at SDH Nowshera.

The bench, comprising Members Pragya Sahay Saksena (Administrative) and Sanjeev Gupta (Judicial), directed the Additional Advocate General (AAG), Sudesh Magotra, representing the respondents, to file a compliance report within two weeks. Failure to do so, the order warns, will result in the attachment of salaries for the officials involved, including the Commissioner/Secretary of Health. The matter has been adjourned to August 21, 2025, for the next hearing.

However, sources familiar with the health department’s transfer processes alleged that recent orders by the Commissioner have facilitated the relocation of at least two dozen medical officers and block medical officers (BMOs), some even promoted in-place without transfers. They claimed that this has led to overstays in certain positions, exacerbating staffing imbalances in hospitals across the region. “Those who have overstayed for five years or more should have been prioritized for transfer, but selective practices have forced individuals like Dr. Kumar to seek judicial intervention,” said a health department insider, speaking on condition of anonymity.