Dr. Jawahar Khan v. The State Of Bihar And ORS

Patna High Court MJC No.3308 of 2014 dt.13-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3308 of 2014 IN Civil Writ Jurisdiction Case No. 10237 of 2014 =========================================================== DR. JAWAHAR KHAN, SON OF LATE RAM NARAIN, RESIDENT OF VILLAGE - BANGAON P.S.- BANGAON, DISTRICT - SAHARSA. .... .... PETITIONER/S

VERSUS

1. THE STATE OF BIHAR THROUGH SRI DEEPAK KUMAR, THE PRINCIPAL SECRETARY, HEALTH DEPARTMENT, GOVT OF BIHAR, PATNA NULL NULL.

2. SRI SHANKAR PRASAD, THE SPECIAL SECRETARY, HEALTH DEPARTMET, GOVT. OF BIHAR, PATNA.

3.

MR.

SANJAY KUMAR, THE JOINT SECRETARY, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA.

4. SRI ANIL KUMAR, THE DEPUTY SECRETARY, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA.

5. SRI RAJENDRA PRASAD OJHA, THE ADDITIONAL SECRETARY CUM MEMBER, GRIEVANCE REDRESSAL COMMITTEE, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA NULL NULL.

6. SHRI DEVCHANDRA CHAUDHARY, THE UNDER SECRETARY, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA.

7. SRI SURENDRA PRASAD, THE DIRECTOR IN CHIEF, HEALTH DEPARTMENT, GOVT. OF BIHAR, PATNA.

8. DR. AZAD HIND PRASAD, AT PRESENT CIVIL SURGEON, NALANDA, (BIHAR).

.... .... OPPOSITE PARTY/S =========================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Dubey, Advocate. For the Opposite Party/s : Mr. Kamal Kumar Sinha, AC to AAG-2 =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 13-02-2015 Learned counsel for the petitioner and learned counsel for the State are present.

The present contempt application has been filed for noncompliance of the order dated 01.07.2014 passed in C.W.J.C. No. 10237 of 2014 whereunder the Principal Secretary, Health Devpartment, Government of Bihar, Patna was directed to dispose

Patna High Court MJC No.3308 of 2014 dt.13-02-2015 of the representation of the petitioner dated 21.02.2014, considering the reasons for premature transfer of the petitioner and dispose of in accordance with law within two weeks from the date of receipt/production of a copy of this order. Learned counsel A.C. to A.A.G-2 appearing for the State submits that in compliance of the order under contempt, the Principal Secretary, Health Department, Government of Bihar, Patna, (opposite party no.1) decided the representation dated 21.02.2014 of the petitioner by speaking order and the copy of the same was also sent to the petitioner on 16.12.2014, which would appear from paragraph 4 of the show cause filed on behalf of the opposite parties.

Learned counsel for the petitioner submits while it is alleged in order deciding the representation of the petitioner about receiving complaints but that complaints have not been discussed in the order Since the order, under contempt, has been complied with by the opposite party no.1, therefore, no further action is required. If the petitioner feels any grievance, he may take recourse in accordance with law before the appropriate forum. Accordingly, this contempt application is disposed of. (Rajendra Kumar Mishra, J) Bhardwaj/- U