Nelam Kumari And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19468 of 2016 ===========================================================
1. Nelam Kumari, Wife of Sri Phulendra Kumar Azad, Resident of village and Post- Ratanpur, P.S.- Bariarpur, District- Munger.
2. Jaya Kumari, Wife of Sri Saryug Prasad, resident of Village and PostRatanpur, P.S.- Bariarpur, Districti- Munger.
3. Neelam Kumari, Wife of Sri Bijay Kumar, Resident of village - Hemjapur, P.O.- Shiv Kund, District- Munger.
4. Neelam Kumari, Wife of Sri Pradeep Kumar Singh, Resident of Village and Post- Bariarpur, P.S.- Bariarpur, District- Munger.
5. Pramila Kumari, Wife of Sri Gautam Prasad, Resident of Village and Post - Bariarpur, P.S.- Bariarpur, District- Munger.
6. Shiv Rani Jaiswal, Wife of Sri Suresh Prasad Shaudhary, Resident of Village and Post- Bariarpur, P.S. Bariarpur, District- Munger.
7. Nisha Kumari, Wife of Sri Ajay Kumar, Resident of Village- Medanichowki, P.O.- Amarpur, District- Munger.
8. Usha Rani Wife of Sri Batukeshwar Singh, Resident of Village- Bhagichak, P.O.- Jamalpur, P.S.- Ramnagar Morya, District- Munger.
9. Umda Kumari, Wife of Sri Upendra Mandal, Resident of Village- Mirjachak, P.O.- Lochhi, P.S.- Bariarpur, District- Munger.
10. Savita Kumari, Wife of Ramjee Mahto, Resident of Village- Bhidha, P.O.- Amarpur, District- Lakhisarai.
11. Swarnlata Kumari, Wife of Sri Santosh Kumar, Resident of Village/MohallaSri Krishna Road, Belan Bazar, P.S.- Kasim Bazar, District- Munger.
12. Meena Kumari, Wife of Sri Naresh Thakur, Resident of Village- Niti Bagh, Raisar, P.O.- Basudeopur, District- Munger.
.... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna.
2. The Director in Chief (Nursing), Health Department, Government of Bihar, Patna.
3. Regional Deputy Director (Health), Health Department, Government of Bihar, Munger.
4. The Civil Surgeon cum Chief Medical Officer, Munger. .... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Nath Jha, Adv. For the Respondent/s : Mr. Anil Kumar Verma, AC to AAG-9 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 24-08-2017 Heard the parties.
The petitioners are aggrieved by the order bearing Memo No.1071(6) dated 11.11.2016 of the Director-in-Chief (Nursing),
Patna High Court CWJC No.19468 of 2016 dt.24-08-2017 Health Services, Bihar, Patna impugned at Annexure-3, whereby the earlier transfer order bearing Memo No.1399 dated 30.6.2016, a copy of which is placed at Annexure-2, has been recalled. A counter affidavit is filed and it is with reference thereto that it is stated by Mr. Anil Kumar Verma, learned Assisting Counsel Additional Advocate General No.9 that a complaint was made before the Director-in-Chief pointing out infirmities in the transfer order and which was duly examined by the Director-inChief, Health Services, Bihar, Patna to uphold the objections and it is only on being satisfied on the infirmities accompanying the earlier transfer that it has been recalled by the impugned order. Having heard learned counsel for the parties and considering the reasons assigned for cancellation of transfer order, no further indulgence is made out. Apparently the decision of the Director-in-Chief, Health Services to recall the earlier transfer order is a mere rectification of error.
The writ petition is disposed of accordingly. (Jyoti Saran, J) SKPathak/- AFR/NAFR NAFR CAV DATE NA Uploading Date 31-08-2017 Transmission Date NA