Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2753 of 2020 ====================================================== Manoj Kumar S/o Ram Lakhan Saw, At and P.O.-Aliganj, P.S. Chandradeep, District-Jamui, Pin-811301.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Brijnandan, Advocate For the Respondent/s :

Mr.S.D. Yadav (AAG 9) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 11-12-2020 Petitioner has prayed for the following relief(s): "i) For issuance of an order (s) / identify all the Doctors/ Medical Officers working in Government Hospitals/ Health Centre of Bihar who are continuously absent from their place of posting for more than five years and forthwith initiate the departmental proceedings against them for their dismissal from service as per Rule 76 of the Bihar Service Code, 1952. And/Or (ii) For issuance of an order (s)/ direction

2/5 (s) or Writ(s) in the nature of Mandamus directing the Respondents to identify all the Doctors/Medical Officers working in Government Hospitals / Health Centre of Bihar who are continuously absent from their place of posting for more than three months and during their period of absence from duty the respondents be further directed to appoint other Doctors/Medical Officers at their place of posting so that no inconvenience is caused to the general public and basic health care remains within the access of the common man.

And/Or (iii) For issuance of an order (s)/ identify and initiate disciplinary proceedings against the Health Department Officials and Civil Surgeons who saved the absentee Doctors/ Medical Officers working in Government Hospitals/Health Centre of Bihar from dismissal from service in spite of the fact that as per Rule 76 of the Bihar Service Code, 1952 a Government servant, after five years Continuous absence from duty, whether with or without leave ceases to be in Government employ.

3/5 continuous absence from duty and place of posting for more than 20-25 years as is evident from Annexure-2 (Series) .

And / Or (iv) For issuance of an order (s) / put in place Biometric Attendance System (BAS) for the Doctors/ Medical Officers working in Government Hospitals/ Health Centre of Bihar so that complete database of absentee Doctors / Medical Officers and and the period of their absence are maintained alternative arrangements in place of absentee Doctors /Medical Officers may be made by the respondents within reasonable time. And / Or (V) Pass such other order orders which may appear fit and proper in the facts and circumstances of the instant case."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation which the petitioner shall be filing for redressal of the grievance(s).

Petition is disposed of with the direction to the concerned respondent, namely to consider and dispose it of

4/5 expeditiously and preferably within a period of two months from the date of its filing along with a copy of this order. It is clarified that the proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties. Liberty reserved to the petitioner to approach the Court, if the need so rises subsequently on the same and subsequent cause of action.

We have not expressed any opinion on merits.

The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, also stands

5/5 disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) K.C.Jha/- AFR/NAFR CAV DATE Uploading Date 16.12.2020 Transmission Date