Dr. Devendra Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1915 of 2014 In Civil Writ Jurisdiction Case No. 15372 of 2013 ====================================================== Dr. Devendra Kumar Singh Son of Late Sudama Singh Resident of Village AND P.O. - Madhopur, P.S. - Gautam Budh Nagar, Distt. - Siwan, Presently Resident of Mohalla - Purani, Gurhatti, P.O. - Chapra, P.S. - Ghapra Town, Distt. - Saran (Chapra).

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Department of Health, Govt. of Bihar, Vikash Bhawan, Health Dept., Govt. of Bihar, Patna Dr. Deepak Kumar.

3. The Joint Secretary, Dept. of Health, Govt. of Bihar, Vikash Bhawan, Health Dept. Govt. of Bihar, Patna. Mr. Sanjay Kumar.

4. The Under Secretary, Department of Health, Govt. of Bihar, Vikash Bhawan, Health Dept., Govt. of Bihar Patna Kripal Jee Pandey.

5. The Director-in-Chief, Dept. of Health, Govt. of Bihar, Patna Dr. Surendra Prasad.

6. The Civil Surgeon Cum Chief Medical Officer, Munger, Dr. Jawahar Singh.

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

For the Petitioner/s : Mr. Ram Sagar Singh, Adv For the Respondent/s : Mr. Pushkar Narain Shahi AAG-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL JUDGMENT 08-09-2015 Heard learned counsel for the parties.

Having regard to the limited direction given by this Court in the order dated 14.08.2013 passed in C.W.J.C No. 15372 of 2013, this Court would not find that the opposite parties can not be held liable for being proceeded under the provisions of Contempt of Court Act, specially when the Government had initiated a

Patna High Court MJC No.1915 of 2014 (2) dt.08-09-2015 departmental proceeding against the petitioner on 23.09.2013 in compliance of the direction given by this Court in the order dated 14.08.2013.

The submission of learned counsel for the petitioner that the said departmental proceeding has not been concluded as yet, being neither the part of earlier writ application nor the contempt application, this Court would refrain from making any observation, but then it goes without saying that if the departmental proceeding has been initiated against the petitioner the same must be brought to its logical conclusion at an early date ofcourse only if the petitioner co-operates in such departmental proceeding.

This Court being not aware as to the stage of departmental proceeding would therefore not like to say anything more but would definitely remind the authorities of the Government decision which itself lays down the manner and time schedule in which the departmental proceeding has to be concluded. This

Patna High Court MJC No.1915 of 2014 (2) dt.08-09-2015 Court however hopes that the competent disciplinary authority/inquiry officer would conclude the departmental proceeding within a time limit as specified in the Government circulars.

With the aforementioned observation and direction, this application is disposed of.

(Mihir Kumar Jha, J) Ranjan/- U