Vinay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4593 of 2022 ====================================================== Vinay Kumar Singh Son of Shailendra Singh Resident of Ward No. 14, Harkhpura, Police Station-Taraiya, District-Saran. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Department of Health, Government of Bihar, Patna. 3.

The Regional Additional Director Health Services, Saran Division, Chapra. 4.

The Civil Surgeon, Saran, Chapra.

5.

Dr. Sanjeev Ranjan , Medical Officer, Civil Surgeon Office, Chapra, Presently Posted on Deputation at Health Security Committee, Sheikhpura, Patna.

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

For the Petitioner/s :

Mr. Sarva Deo Singh, Advocate Mr.Sanjay Kumar, Advocate For the Respondent/s :

Mr.S. D. Yadav ( A.A.G. 9 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 08-04-2022 Petitioner has prayed for following relief(s) : - "That through this Public Interest Litigation the petitioner prays for issuance of an appropriate writ/writs, order/orders, direction/directions for filling the vacancies in Civil Hospital, Chapra, where 396 posts are sanctioned and against that only 148 persons are working and 248 vacancies is in existence. Apart from that there is no General Surgeon, only 1 Physician against the 4 sanctioned post, the post of Superintendent is also vacant.

Patna High Court CWJC No.4593 of 2022(2) dt.08-04-2022 2/3 The petitioner further prays for cancellation of deputation of Dr. Sanjeev Ranjan, who is Medical1 Officer of Civil Surgeon Office, Chapra and he is posted on deputation since 20.09.2018 at Health Security Committee, Sheikhpura at Patna.

Further the petitioner prays for cancellation of all deputation in the light of Government decision, Department of Health contained in memo no. 839 dated 01.07.2015 and letter no. 85 dated 22.03.2021 by which it has been said that all deputation may be cancelled and no further deputation may be made without permission of the Government which cannot go beyond 6 months.

And for any other relief/relief the petitioner may be found entitled"

We are not inclined to issue notice in the present petition for the simple reason that this Court is already seized with the issue raised in the present petition. As such, petition is disposed of, reserving liberty to the petitioner to take recourse to such other remedies as are otherwise available in accordance with law.

We also notice that though the present petition has been filed as a P.I.L., it does not appear as such for the petitioner has challenged the order of posting of private respondent, at Health Security Committee, Sheikhpura, Patna, though he is fully aware that there is paucity of doctors within the State and steps have been taken by the State to fill up all the vacancies on

Patna High Court CWJC No.4593 of 2022(2) dt.08-04-2022 3/3 expeditious basis.

Petition is disposed of.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/chn U