Dr. Rajeshwar Prasad @ Rajeshwar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2882 of 2019 ====================================================== Dr. Rajeshwar Prasad @ Rajeshwar Prasad, Son of Uma-Shankar Prasad, Resident of Hospital Road, Nawada, P.O., P.S. and District- Nawada, at present posted as Medical Officer, Primary Health Center (P.H.C) Giriyak, Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner cum Secretary, Department of Health, Government of Bihar, Patna 2.

The Commissioner cum Secretary, Department of Health, Government of Bihar, Patna 3.

The District Establishment Committee, through its Civil Surgeon, Nawada at Bihar Sharif 4.

The Civil Surgeon cum Chief Medical Officer, Nalanda at Biharsharif 5.

Dr. Ramendra Kumar, Medical Officer, Primary Health Centre, Ben, Nalanda P.O. and P.S. Ben, District- Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahendra Prasad Bhartee, Advocate For the Respondent/s :

Mr.S.D.Yadav,AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-06-2020 This matter was mentioned for listing on urgent basis, which was allowed by Hon'ble the Chief Justice. Accordingly, the same has been listed today for consideration through video conferencing in view of the nationwide lockdown on account of COVID-19 pandemic. The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology.

Patna High Court CWJC No.2882 of 2019(3) dt.11-06-2020 2/2 Heard Mr. Mahendra Prasad Bhartee, learned counsel for the petitioner as well as learned counsel appearing for the State.

From the counter affidavit, it appears that the grievance of the petitioner has been redressed and he has been kept at P.H.C. Giriyak, Nalanda as stated in paragraph 6 of the counter affidavit The said averment made in the counter affidavit, a copy of which was served on the petitioner's Counsel way back on 09.07.2019, has not been denied or disputed as no rejoinder thereto has been filed.

The petitioner's Counsel submits that there is some dispute regarding the petitioner's drawing and disbursing power. If there is such dispute or any other issue, the petitioner would be at liberty to raise the same before the appropriate authority. Since the grievance of the petitioner raised in the instant writ proceedings is already redressed, the same is dismissed as being infructuous.

(Madhuresh Prasad, J) PNM U