Shankar Prasad Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21605 of 2019 ====================================================== Shankar Prasad Sah S/o Late Vishwanath Prasad Sah, Resident of Patel Chowk,Dak Banglow Road,Ward No.24,P.S. Forbsganj,Dist.Araria ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary,Govt. of Bihar,Patna 2.

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

The District Magistrate, Araria.

4.

The Civil Surgeon cum Chief Medical Officer, Araria ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brajesh Kumar, Adv.

For the Respondent/s :

Mr.S.D.Yadav, AAG-9 Mr. B.B. Mishra, AC to AAG-9 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 18-11-2019 This petition has been preferred for the following relief/s:

"That the present Public interest Litigation is being filed for direction to the respondent authorities to conduct proper enquiry in the implementation of all the schemes under National Rural Health Mission in the district of Araria.

It is further prayed to conduct enquiry with respect to purchase of ANC kit aganwari wise and payment of the same from the accounts of Rogi Kalyan Samiti under

Patna High Court CWJC No.21605 of 2019 dt.18-11-2019 2/3 Village Health Sanitation Committee whereas ANC kit is being provided to all ANMs by Health Department.

It is further prayed to conduct proper enquiry with respect to burning of government medicines in Araria district and presence of expired medicine in the office of District Health Society, Araria.

It is further prayed to conduct enquiry regarding the continuance of Programme Manager, District Health Society, Araria without extension of his tenure. It is further prayed to pass such other order/s as your Lordship may deem fit and proper in the facts and circumstances of the present case."

Learned counsel for the State vehemently opposes issuance of notice on the ground that the present petition is motivated inasmuch as petitioner's wife, who was in service of the State Government, stands suspended. Also it is a gross abuse of the process of law.

Be that as it may. We find that the petitioner has invited the attention to the inaction of the authorities vide a communication dated 23rd April, 2017.

We dispose of the present petition without expressing any opinion on the merits of the matter reserving

Patna High Court CWJC No.21605 of 2019 dt.18-11-2019 3/3 liberty with the authorities to take appropriate action in accordance with law.

(Sanjay Karol, CJ) ( Dinesh Kumar Singh, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 19.11.2019 Transmission Date N/A