Vinod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 12084 of 2019 ====================================================== Vinod Kumar, Gender Male, aged about 47 years, son of Late Kedar Prasad, resident of village + P.S.-Nasriganj, District-Rohtas, at present posted as Block Health Manager, Primary Health Centre, Nauhatta, District-Rohtas. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Principal Secretary, Department of Health, Government of Bihar, Patna

3. Director, Health Services, Bihar, Patna

4. Regional Deputy Director, Health Services, Patna, Division Mahendru, Patna

5. State Health Society, Bihar through its Executive Director, Bihar Paribar Kalyan Bhawan, Sheikhpura, Patna

6. Additional Executive Director, State Health Society, Bihar Paribar Kalyan Bhawan, Sheikhpura, Patna

7. District Magistrate-cum-Chairman, District Health Society, Rohtas at Sasaram

8. Civil Surgeon-cum-Secretary, District Health Society, Rohtas at Sasaram

9. Medical Officer, Primary Health Centre, Nauhatta, District-Rohtas .. ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Prasad Singh, Adv.

For the State :

Mr. Sudhir Kumar Singh, AC to SC-23 For the SHSB :

Mr. Kishore Kumar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-08-2021 The present writ petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on

2/3 account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner, Sri Jitendra Prasad Singh, the learned counsel appearing for the Respondent-State Health Society, Sri Kishore Kumar Sinha and the learned counsel appearing for the State, Sri Sudhir Kumar Singh (AC to SC-23).

Though the present writ petition has been filed for quashing the order dated 02.04.2019 passed by the Civil Surgeon-cum-Secretary, District Health Society, Rohtas, but in view of availability of alternative remedy of appeal, the learned counsel for the petitioner seeks disposal of the present writ petition with liberty to file appropriate Appeal before the Executive Director, State Health Society, Bihar, Patna.

Accordingly, the present writ petition stands disposed of with liberty to the petitioner to file appropriate appeal against the order dated 02.04.2019, before the Executive Director, State

3/3 Health Society, Bihar, Patna and in case, such an appeal is filed within a period of four weeks from today, the same shall be decided on merits by a reasoned and a speaking order, in accordance with law, within a period of eight weeks, thereafter. (Mohit Kumar Shah, J) Ajay/- U