Shailendra Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7924 of 2023 ====================================================== Shailendra Kumar Sinha S/O Late Krishnadeo Prasad Resident of villagePanditpur, P.S. Rajgir, District- Nalanda at present resident of MohallaMagadh Colony Road No. 18, P.S. Magadh Medical College, Gaya, DistrictGaya. ... ... Petitioner/s

Versus

1.

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

2.

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

The Director-in-Chief, Health Department, Government of Biahr, Patna. 4.

The Divisional Commissioner, Magadh Division, Gaya. 5.

The District Magistrate, Gaya.

6.

The Superintendent, Anugrah Narayan Magadh Medical College and Hospital, Gaya.

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

For the Petitioner/s :

Mr.Rajeev Kumar, Advocate Mr. Gautam Shah, Advocate Mr. Sudhir Kumar, Advocate For the Respondent/s :

Mr.P.K. Shahi, AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 21-07-2023 The writ petition is filed, as a public interest litigation, to direct the constitution of a Three Man Committee

Patna High Court CWJC No.7924 of 2023 dt.21-07-2023 2/3 to enquire into the irregularity in purchasing materials in Anugrah Narayan Medical College and Hospital, Gaya and to take proper action against the persons found responsible/guilty in purchasing the materials for higher rates.

2. The writ petition has been moved specifically on the ground that the Three Man Committee has been constituted by the Divisional Commissioner-cum-1st Appellate Authority dated 16.01.2023, however, there is nothing stated as to the specify instances of purchase, despite the petitioner having obtained some information under the Right to Information Act. The petitioner merely refers to the Annexure-1, the reply received, as per the RTI query made by him, but does not specific as to which item has been purchased in excess of the market price.

3. We are unhappy with the irresponsible manner in which the petitioner has made bland allegations without substantiation of the same and without proper enquiry into the specific facts on which the allegations are raised. We find absolutely no reason to entertain the writ petition and dismiss the same. However, we make it clear that we have not made any observation about the appointment of the Three Man Committee which enquiry, if constituted, shall be carried out in accordance

Patna High Court CWJC No.7924 of 2023 dt.21-07-2023 3/3 with law.

(K. Vinod Chandran, CJ) ( Partha Sarthy, J) Sujit/- AFR/NAFR NAFR CAV DATE Uploading Date 27.07.2023 Transmission Date