Ganesh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2475 of 2020 ====================================================== Ganesh Prasad Singh S/o Harinandan Singh R/o Ward No. 09, P.S. Koilwar, District Bhojpur.

... ... Petitioner/s

Versus

1.

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

2.

Principal Secretary, Department of Health, Govt. of Bihar, Patna. 3.

Director in Chief, (Mental Disease, Disaster Mgmt, Food and drug Control), Department of Health, Govt. of Bihar, Patna.

4.

Director, Department of Health, Govt. of Bihar, Patna. 5.

Additional Director, Department of Health, Govt. of Bihar, Patna. 6.

Joint Director, Department of Health, Govt. of Bihar, Patna. 7.

Deputy Director, Department of Health, Govt. of Bihar, Patna. 8.

Officer on Special Duty, Department of Health, Govt. of Bihar, Patna. 9.

Director, Bihar State Institute of Mental Health and Allied Sciences, Department of Health, Govt. of Bihar, Koilwar, Bhojpur. 10.

Chairman, Managing Committee, Bihar State Institute of Mental Health and Allied Sciences, Department of Health, Govt. of Bihar, Koilwar, Bhojpur. 11.

Superintendent, Bihar State Institute of Mental Health and Allied Sciences, Department of Health, Govt. of Bihar, Koilwar, Bhojpur. ... ... Respondent/s ====================================================== with Miscellaneous Jurisdiction Case No. 554 of 2024 In Civil Writ Jurisdiction Case No.2475 of 2020 ====================================================== Ganesh Prasad Singh S/o Harinandan Singh R/o Ward No. 09, P.S. Koilwar, District Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dr. J.S. Ranjan S/o (not Known), Director, Bihar State Institute of Mental Health and Allied Sciences, Department of Health, Govt. of Bihar, Koilwar, Bhojpur.

... ... Opposite Party/s ======================================================

2/4 Appearance :

(In Civil Writ Jurisdiction Case No. 2475 of 2020) For the Petitioner/s :

Mr. Harsh Singh, Adv.

For the Respondent/s :

Mr. Ajay Bihari Sinha ( GA-8 ) (In Miscellaneous Jurisdiction Case No. 554 of 2024) For the Petitioner/s :

Mr. Harsh Singh, Adv.

For the Opposite Party/s :

Mr. Ajay Bihari Sinha ( GA-8 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-07-2024 Learned counsel for the petitioner, learned counsel for the State and learned counsel for the Bihar State Institute of Mental Health and Allied Sciences are present. Re. Miscellaneous Jurisdiction Case No. 554 of 2024:- Learned counsel for the petitioner submits that the supplementary show cause has been filed in this case in which it has been intimated that in compliance of the order dated 21.12.2023 passed in Civil Writ Jurisdiction Case No.2475 of 2020, the joining of the petitioner has been accepted and copy of the same has been attached as Annexure-I which is an order contained in Memo No.244 dated 27.04.2024.

2. Learned counsel for the Bihar State Institute of Mental Health and Allied Sciences (hereinafter referred to as 'BIMHAS') submits that the opposite party tenders unconditional apology for some delay in complying the order and also submits that the said delay was not intentional.

3. In the light of the submissions made by the parties,

3/4 this Court is satisfied with the explanation submitted in the supplementary show cause. Accordingly, this contempt petition namely M.J.C. No.554 of 2024 is hereby dropped. Re. Civil Writ Jurisdiction Case No. 2475 of 2020:- Learned counsel for the petitioner submits that the pleading has been completed in this case, but he is not in a position to assist this Court today and as such, counsel seeks a short adjournment.

2. It is directed to the Principal Secretary, Department of Health, Govt. of Bihar, Patna that he shall make arrangement for counsel Mr. Ajay Bihari Sinha to visit along with the counsel for the BIMHAS to the mental hospital for verification of the records to identify that whether necessary requirements including persons and instruments etc. are there for smooth functioning of the mental hospital or not. Both the advocates are directed to visit and submit a report to this Court as well as to the Principal Secretary, Department of Health, Govt. of Bihar, Patna in this matter within six weeks.

3. Since, this matter is relating to mentally ill persons, therefore, this Court is hereby assigning this responsibility to the senior counsel for the State itself.

4. It is hereby directed to the office to communicate

4/4 this order passed today directly on the e-mail of the Principal Secretary, Department of Health, Govt. of Bihar, Patna for its compliance within time.

5. As such, put up this case on 26.09.2024.

(Dr. Anshuman, J) Divyansh/- U