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Patna High CourtCWJC/15393/2019disposed

Malti Kumari v. The State Of Bihar

2019-08-02Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15393 of 2019 ====================================================== Malti Kumari, Wife of Shailendra Kumar Resident of Mohalla- Jagdeo Path Niti Bag, Flat No.301, Saryug Vatika, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health, New Secretariat (Vikas Bhawan), Patna.

2.

The Director-in-Chief, Health Services, New Secretariat, (Vikas Bhawan), Patna.

3.

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

For the Petitioner/s :

Mr. Devendra Kumar Singh For the Respondent/s :

Mr. Pankaj Kumar (SC12) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-08-2019 Heard the learned counsel for the petitioner and the State.

The petitioner has challenged the order dated 27.06.2017, whereby she has been transferred from State Dispensary, New Secretariat, Vikas Bhawan, Patna to Primary Health Centre, Maner (Patna) by the order of Civil Surgeon cum Chief Medical Officer, Patna.

It has been submitted on behalf of the petitioner that notwithstanding the Circular of the Government that such employee should, as far as practicable, be posted at the place where her husband is posted, the petitioner was

Patna High Court CWJC No.15393 of 2019(2) dt.02-08-2019 2/2 transferred.

The representation which was filed by the petitioner was directed by a Bench of this Court to be considered by the concerned authority for the needful. Now the petitioner has joined the place of posting and an executed order of transfer cannot now be challenged. The petition is dismissed.

However, it would be open for the petitioner to approach the authorities for posting her at a place which is near to her husband's place of posting. In case a representation is filed or has already been filed, the same shall be disposed off in accordance with law within a reasonable period of time, preferably within a period of three weeks.

(Ashutosh Kumar, J) skm/- U