Tribunal stays transfer of Delhi's top health official till next hearing

The Central Administrative Tribunal has stayed the Delhi government's transfer of Director General of Health Services Dr Vatsala Aggarwal until May 29.

The Central Administrative Tribunal (CAT) has stayed the Delhi government's transfer of Director General of Health Services (DGHS) Dr Vatsala Aggarwal who has appealed against the order.

The tribunal, in its order, observed that she had made out a ''prima facie case'' and that irreparable prejudice could be caused if the order was not stayed during the pendency of the matter.

The transfer order has been stayed till the next hearing on May 29.

Aggarwal had challenged a May 21 transfer order transferring her from the post of Director, Health Services and placing her under ''awaiting posting'' without assigning any new role, claiming that the it was linked to a recent vigilance inspection.

The order had also stated that the Medical Superintendent of Jag Pravesh Chandra Hospital would look after the charge of Director, Health Services till further orders.

The tribunal noted that the Delhi government has sought more time to file detailed instructions in the matter.

The CAT, which deals with grievances by government employees, also referred to Supreme Court observations that transfer cannot be used ''in lieu of punishment'' and that 'mala fide transfers' are open to judicial interference.

According to the the doctor's petition, Aggarwal alleged that the transfer was linked to a recent vigilance inspection conducted in the health department.

The plea stated that vigilance officials sought procurement-related files linked to medicines, surgical items and medical equipment on May 18 and 19.

According to the application, Aggarwal cooperated fully with vigilance officials, shared available records and even sought duplicate ''shadow files'' to ensure continuity of patient care and procurement work.

Her counsel argued that despite this cooperation, she was abruptly removed from the DGHS post within days of the vigilance exercise.

The petition further stated that no disciplinary proceedings, vigilance inquiry or adverse entry had ever been initiated against her during more than 30 years of service.

The application also argued that the transfer violated the Delhi Health Services transfer policy because she was moved without being given any substantive posting.

According to the plea, Aggarwal was overseeing Delhi Medical Council elections scheduled for May 31, and her sudden removal just before the polls showed ''non-application of mind''.