Jahir Ahmad Khan @ Jafir Ahamad Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9375 of 2019 ====================================================== Jahir Ahmad Khan @ Jafir Ahamad Khan S/o Khalil Khan Vill. Ward No. 2, Parna, P.S. and Distt.- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health and Family Planning, Govt. of Bihar, Patna 2.

The Civil Surgeon Begusarai 3.

The District Officer Begusarai 4.

The Chief Election Officer Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Sinha Mr.Amrendra Kumar Sinha No.1 For the Respondent/s :

Mr.S. D. Yadav ( AAG 9 ) Mr. Anil Kumar Verma, AC to AAG 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 01-05-2019 Heard Mr. Arun Kumar Sinha, learned counsel appearing for the petitioner and Mr. Anil Kumar Verma, Assisting Counsel to AAG 9, for the State.

The instant writ petition is filed by way of Public Interest Litigation. Petitioner seeks to implement the policy

Patna High Court CWJC No.9375 of 2019 dt.01-05-2019 2/3 decision of the State Government which permits an officer to continue on his post for a period of three years. It is a grievance raised through public interest litigation that any overstayal by an officer on a post beyond the period only leads to misuse of power and position. Mr. Sinha has invited our attention to the representation at Annexure-5 which is dated 03.06.2018 and the same is in relation to the district of Begusarai with no details. We are of the opinion that in case the petitioner has chosen to raise the cause of overstayal by the Medical Officers in their respective place of posting, they need to do some research work upon details and, in case any such Medical Officers are wanting either on their discharge of duty or found abusing their position, or are cases of excessive overstayal on the place of posting, they should invite the attention of the Principal Secretary, Health Department with descriptive details. But until they do so we are not persuaded to issue any direction.

It goes without saying that any such representation filed by the petitioner which is self-supportive of the details in connection with the grievance raised would be considered and disposed of in accordance with law by the Principal Secretary, Health Department as and when the same is filed.

Patna High Court CWJC No.9375 of 2019 dt.01-05-2019 3/3 With the observations above, we dispose of the writ petition.

(Jyoti Saran, J) ( Anjani Kumar Sharan, J) mrl./- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 04/05/2019 Transmission Date N.A.