Dr. Kabindra Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11685 of 2016 =========================================================== Dr. Kabindra Prasad Singh, S/o late Rameshwar Singh resident of Village-Karauta PS Parasbigha, District Jehanabad, Presently Posted as In-Charge Medical Officer, Primary Health Centre, Kochadhaman, Kishanganjn .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Health Department , Bihar

2. The Principal Secretary, Health Department Bihar, Patna

3. The Secretary, Health-Cum -Executive Director, State Health Society, Bihar

4. The District Magistrate Kishanganj

5. The District Magistrate cum Chairman District Health Society Kishanganj

6. The Civil Surgeon-cum-Chief Medical Officer Kishanganj

7. The Civil Surgeon-cum-Chief Medical, Secretary, District Health Society, Kishanganj

8. The Treasury Officer, Kishanganj

9. Dr. Enamul Haque, the In-Charge Medical Officer, Dighalbank, Kishanganj .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Sanat Kumar Mishra For the Respondent/s :

Mr. Ram Balak Mahto- AG =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 08-09-2016 Heard learned counsel for the petitioner and counsel for the State.

There are certain allegations, which have been made against the petitioner, in the manner in which he is handling financial transactions and exercising power as a Drawing and Disbursing Officer. This was the background under which Annexure-1, dated 14.07.2016 came to be issued by the Civil Surgeon-cum-Chief Medical Officer.

The Court is not here to certify the correctness of the

Patna High Court CWJC No.11685 of 2016 dt.08-09-2016 2/2 allegations for that is a matter of enquiry. There is material to show that some enquiry has also been initiated, but no conclusion, as such, has been reached, by now.

Let the concerned authority complete the enquiry, preferably within a period of four months and if the wrong doing of the petitioner with regard to misuse of his power as Drawing and Disbursing Officer is even prima facie established, Annexure-1 shall continue to occupy the field or else the petitioner would be restored back with the power of Drawing and Disbursing Officer of the Primary Health Centre.

Writ application stands disposed off with observation / direction as above.

(Ajay Kumar Tripathi, J) SKM/- AFR/NAFR N.A.F.R.

CAV DATE Uploading Date 08.09.2016 Transmission Date