Vibha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2286 of 2015 In Civil Writ Jurisdiction Case No.8269 of 2015 ====================================================== Vibha Devi wife of Madan Mohan Das, daughter of Late Hari Narayan Mandal, resident of village- Vikrampur (Ararganj), Police Station- Ararganj, District- Munger. At present posted as Mahila Kachh Svika, Referal Hospital Sultanganj, Bhagalpur, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.

2.

The Regional Deputy Director, Health Services, Bhagalpur, DistrictBhagalpur. 3.

The Civil Surgeon-cum-Chief Medical Officer, Sadar Hospital, Bhagalpur, District-Bhagalpur.

4.

Dr. Anjani Kumar, The Medical Officer, Referral Hospital Sultanganj, Bhagalpur, District- Bhagalpur.

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

For the Petitioner/s :

Mr. Rahul Nath, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 08-09-2017 This application has been filed for restoration of C.W.J.C. No.8269 of 2015 which was dismissed for want of prosecution on 17.7.2015.

Keeping in view the reasons indicated in the application and finding them to be bona fide, the same is

Patna High Court MJC No.2286 of 2015 dt.08-09-2017 2/3 allowed. C.W.J.C. No.8269 of 2015 is restored to its original file.

The same be placed for orders before the appropriate Bench.

C.W.J.C. No.8269 of 2015 This petition has been restored by virtue of the order passed today in M.J.C. No.2286 of 2015.

This petition was filed in the year 2015. At that point of time, the petitioner was aggrieved by an order of transfer passed by the Chief Medical Officer, Bhagalpur on 31st of January, 2015 to another referral hospital at Sultanganj. The writ petition was filed two years after the order was passed and the writ petition, which was fled on 22nd of May, 2015, even before issuance of notice, it was dismissed for want of prosecution on 17.7.2015 and till date cognizance of the writ petition has not been taken. Now, no purpose would be served by granting indulgence in the matter at such a belated stage with regard to a transfer which was effected way back in January, 2015. However, in case the petitioner has any grievance still subsisting in the matter, he shall have liberty to pursue the same before the competent authority and the competent authority shall proceed to decide his claim in accordance with law.

Patna High Court MJC No.2286 of 2015 dt.08-09-2017 3/3 With the aforesaid liberty, this application is disposed of.

(Rajendra Menon, CJ) K.C.Jha/- AFR/NAFR NAFR CAV DATE Uploading Date 15.9.2017 Transmission Date