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Patna High CourtCWJC/1913/2015disposed

Dr. Uma Shankar Singh v. The State Of Bihar And ORS

2015-07-17Mr. Justice Mihir Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1913 of 2015 ====================================================== Dr. Uma Shankar Singh son of Late Satya Narayan Singh resident of G-7, Praphul Plaza, Mohalla- Makhaniya Kuan, P.S- Pirbahor, Town & DistrictPatna at present working ast Assistant Professor, Department of Surgery, Patna Medical College and Hospital , Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary of Health , Medical Education and Family Welfare, Government of Bihar, Patna.

2. The Principal Secretary, Department of Health, Medical Education and Family Welfare, Government. of Bihar, Patna.

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

4. The Principal , Patna Medical College and Hospital , Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Dwivedi, Adv. For the Respondent/s : Mr. Ram Balak Mahto, AG ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 17-07-2015 Heard learned counsel for the parties.

Having regard to the fact that four persons were transferred by the same impugned order and three of them have already got relief from this Court by way of quashing of the transfer order by a judgment dated 11.5.2015 in CWJC No. 17680 of 2014 and another judgment dated 10.7.2015 in CWJC No. 6103 of 2015, this Court, having found that the case of the petitioner is identical to the aforesaid three persons, would also pass similar order quashing the order of transfer and again with a similar observation that if the respondents are still interested in pursuing the matter relating to transfer of the petitioner, they would be free

Patna High Court CWJC No.1913 of 2015 (2) dt.17-07-2015 to do so but only after giving an opportunity to the petitioner to explain as to where he had erred or failed in shouldering the responsibility as the Head of the Unit in the Hospital. With the aforementioned observation, this application is disposed of.

(Mihir Kumar Jha, J) Rishi/- U