Suresh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11371 of 2022 ====================================================== Suresh Ram Son of Ganesh Mahra, Resident of Village- Harpur Bakhari, Mirzapur, P.S. Ahiyapur, District Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Commissioner, Tirhut Division, Muzaffarpur. 4.

The District Magistrate, Muzaffarpur.

5.

The Civil Surgeon, Muzaffarpur.

6.

The Sub- Divisional Officer, East, Muzaffarpur. 7.

Sri Kundan Kumar, Son of not known to the petitioner, the then SubDivisional Officer, Muzaffarpur East, Muzaffarpur. 8.

Sri Gyan Prakash, Son of not known to the petitioner, the present SubDivisional Officer, Muzaffarpur East, Muzaffarpur. 9.

Krishna Kumar, son of not known to the petitioner, presently posted as Clerk in the Office of S.D.O. Office, East, Muzaffarpur. 10.

Ashok Kumar, son of not known to the petitioner, Health Attendant, Primary Health Centre, Mushahari, Muzaffarpur presently working in the office of S.D.O., East, Muzaffarpur.

11.

Vivek Kumar, son of not known to the petitioner, Ward Attendant, Primary Health Centre, Sakra, Muzaffarpur, presently working in the office of S.D.O., East, Muzaffarpur.

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

For the Petitioner/s :

Mr.Prafull Chandra Jha, Advocate For the Respondent/s :

Mr.Ramadhar Singh (Gp25) Mr.Upendra Pd. Singh, AC to GP-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-05-2023 The present writ petition has been filed seeking the following reliefs:- "(i) For directing the respondent authority specially the respondent no.3 and 4 to transfer the respondent no.9 from the office of the respondent no.6 on the ground that the respondent no.9 is

Patna High Court CWJC No.11371 of 2022(2) dt.02-05-2023 2/3 continuously posted and working in the S.D.O., office, East Muzaffarpur more than 2 decades even after transferred by Memo No. 815 dated 17.06.2020 by the respondent no.4 i.e. the District Magistrate, Muzaffapur but again came back in the same office with the help of respondent no.7 and 8 which is highly surprising.

ii) For directing the respondent authorities specially the respondent no.4 and 5 to transfer the respondent no.10 and 11 in their respective Health Department on the ground that the respondent no.10 and 11 are posted more than decade in the office of the respondent no.6 whereas both are permanent employee of Health department but violating rules/guideline the respondent no.10 and 11 are posted in the office of respondent no.6, why the respondent no.10 and 11 are working, reason best known to the respondent authorities specially the respondent no.5 to 8.

(iii) For directing the respondent authority specially the respondent no.3 and 4 to remove all illegal persons who are working in the office of the respondent no.6 since long.

iv) For taking suitable legal action against the respondent no. 6 to 8 who had permitted the respondent no.9 to 11 and other illegal persons in the office of Sub-Divisional Office, East Muzaffarpur.

v) For taking suitable legal action against the respondent no.9 to 11 and other illegal persons

Patna High Court CWJC No.11371 of 2022(2) dt.02-05-2023 3/3 who are working in the office of the respondent no.6 and the same is violation of norms/guideline of State Government and are indulged in illegal works.

vi) For directing the respondent authorities to conduct an enquiry of tenure of respondent no. 7 and 8 on the ground that many financial irregularities have done in different schemes during tenure of respondent no. 7 and 8 and the respondent no. 9 to 11 are involved in those irregularities."

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the Commissioner, Tirhut Division, Muzaffarpur for redressal of his aforesaid grievances. Liberty, so sought, is granted. The writ petition stands disposed off as not pressed. (Mohit Kumar Shah, J) kanchan/Saurav U