Sanjay Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7123 of 2020 ====================================================== Sanjay Kumar Sharma, Son of Hiralal Sharma, Village-Baijnathpur, P.S.- Chhauradano, District-East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Govt of Bihar. 3.

The Director, Health Service, Govt. of Bihar 4.

The Bihar Health Society, Patna.

5.

The Executive Director, Bihar Health Society, Patna. 6.

The District Magistrate Cum Chairman, District Health Society, East Champaran at Motihari.

7.

The Civil Surgeon, East Champaran at Motihari 8.

The In-Charge Medical Officer, Primary Health Centre, Chauradano, District-East Champran 9.

Raj Kumar, son of not known, Block Health Manager, Primary Health Centre Patahi, District-East Champaran.

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

For the Petitioner :

Mr.Asif Kalim, Advocate For the S t a t e :

Mr.Rajeshwar Singh, G.A.-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-07-2020 The petitioner, a contractual employee under the District Health Society, East Champaran and is working as a Block Health Manager, has assailed the order dated 20.6.2020 (Annexure 6), whereby his services have been transferred from the Primary Health Centre, Chhauradano to the Primary Health Centre, Patahi.

It is alleged by the petitioner that the transfer has been effected since he has been raising his voice against the In-charge

Patna High Court CWJC No.7123 of 2020(2) dt.09-07-2020 2/2 Medical Officer, under whom he was discharging his duties. The In-charge Medical Officer, however, has not been impleaded as a party-respondent. The petitioner apparently has made a half-hearted allegation of mala fide against the In-charge Medical Officer, under whom he was discharging his duties. He is a contractual employee and has not pointed out that the transfer is otherwise violative of any law or that the same suffers from any other illegality whatsoever.

Under the present pandemic scenario, the order of transfer apparently has been issued by the competent authority and, therefore, this Court is not inclined to interfere with the same, as pandemic management is paramount in the present scenario. No case is made out for interference with the transfer order.

The writ petition is dismissed.

(Madhuresh Prasad, J) PNM U