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Patna High CourtCWJC/10627/2022disposed

Bipin Kumar Jha v. The State Of Bihar

2022-08-11The Chief Justice -,Mr. Justice S. Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10627 of 2022 ====================================================== Bipin Kumar Jha Son of Jitendra Jha, resident of Hospital road in front of Sadar Hospital, near Shabnam Medical, Ward No. 23, P.S. Sitamarhi, DistrictSitamarhi. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Principal Secretary, Health Department, Bihar, Patna. 3.

The Director-in-Chief, Health Services, Bihar, Patna. 4.

The Chief Medical Officer-cum-Civil Surgeon, Sitamarhi. 5.

The Chief Medical Officer-cum-Civil Surgeon, Madhubani. 6.

Ramesh Shankar, Clerk, Prathmik Health Centre, Phulparas, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Respondent/s :

Mr. S.D. Yadav (AAG-9) Mr. Anil Kumar Verma, AC to AAG-9 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 11-08-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

2/4

3/4 Counter affidavit filed is taken on record.

Learned counsel for the respondents, under instructions, states that the private respondent no. 6, namely, Shri Ramesh Shankar, Clerk, Prathmik Health Centre, Phulparas, Madhubani stands transferred from the office of the Civil Surgeon-cum-Chief Medical Officer, Sitamarhi to Primary Health Centre, Phulparas, Madhubani. Also, as on date the said private respondent stands relieved.

In this view of the intervening developments, we close the proceedings clarifying that in view of the order passed by the disciplinary authority, the private respondent no. 6, namely, Ramesh Shankar, Clerk, Prathmik Health Centre, Phulparas, Madhubani shall never ever be posted in the district of Sitamarhi.

The disciplinary proceedings were never ever assailed at any point in time.

Petition stands disposed of reserving liberty to the petitioner to agitate the issue afresh, should the need so arise subsequently.

4/4 Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Rajiv/veenaAFR/NAFR CAV DATE Uploading Date Transmission Date