Dharamraj Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17591 of 2018 ====================================================== Dharamraj Rai S/o late Soudi Singh R/o Village- Indpe, P.O.- Amari, DistrictJamui. ... ... Petitioner/s

Versus

1.

The State of Bihar through Department of Health, Bihar, Patna. 2.

The Director In Chief, Health Services Bihar, Patna. 3.

The District Magistrate, Jamui.

4.

The Civil Surgeon, Jamui.

5.

The Principal Secretary, Department of Health, Bihar, Patna. 6.

The Additional Chief Medical Officer, Jamui.

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

For the Petitioner/s :

Mr.Anupa Nand Jha For the Respondent/s :

Mr.S.D. Yadav- Aag9 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 31.08.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief: "(i) For issuance of an appropriate writ or writs, order or orders, direction or directions for commanding the respondents/authorities to ensure and complied the order of the Director of Health Bihar Patna dated 06.12.2017 through letter no. 1456(4).

Patna High Court CWJC No.17591 of 2018(2) dt.06-01-2020 2/3 (ii) To direct the respondent authorities to stop the continuity of those persons who continued posted in one place since long/ above three years. (iii) To direct the respondent to prepare the list of those person/employee who continued on the same post since long and transferred them on the basis of Government Rule.

(iv) To direct the respondent to prepare a team an enquire about the matter and then punish them who involved in this matter.

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 making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. 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

Patna High Court CWJC No.17591 of 2018(2) dt.06-01-2020 3/3 accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) BT/- U