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Patna High CourtMJC/3728/2014disposed

Smt. Renu Saha v. The State Of Bihar And ORS

2017-05-24Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3728 of 2014 In C. REV. 15 of 2012 ======================================================

1. Smt. Renu Saha D/o Laxman Prasad Saha R/o Village+P.O.-Kasaba, District Purnia at present residing at C/o Sri Dharmendra Prasad Saha, Raj Nagar, Dak Bunglow Chowk, P.S. + District Purnia .... .... Petitioner/s

Versus

1. The State of Bihar through the Director in Chief, Health Services, Govt of Bihar, Patna Dr Surendra Prasad

2. The Secretary cum Commissioner/ Principal Secretary, Department of Health, Govt of Bihar Patna Mr. Dipak Kumar

3. The Civil Surgeon cum Cheif Medical Officer, Purnea Dr S.S. Jha .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar Verma For the State : Mr. Anjani Kumar, AAG 4 Mr. Sanjay Kumar, AC to AAG 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 24-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present case, petitioner has made a complaint for non-compliance of the order dated 24.4.2013 passed in Civil Review No.15 of 2012. This Court has passed the following order in the aforesaid review petition:

"Learned counsel for the petitioner submits that since it could not be placed on record that petitioner's name was appearing in 1991 panel also, this Court held that he was not covered by the general directions of Justice Uday Sinha. He submits that, under Right to Information Act, petitioner has obtained information, which shows that his name indeed figured in 1991 panel. Hence, he submits that the petitioner should be held to be

Patna High Court MJC No.3728 of 2014 (4) dt.24-05-2017 governed by the said general directions of Justice Uday Sinha.

If from unimpeachable records petitioner is able to establish that his name figured in 1991 panel also, from which, according to the petitioner, some appointments have later on been made in terms of general directions of Justice Uday Sinha, the order of this Court shall not come in the way of the authorities in considering the case of the petitioner also in the light of general directions of Justice Uday Sinha.

With the above observations, this modification application is disposed of."

In pursuance of the direction of this Court the Directorin-Chief, Health Services, Bihar, Patna vide memo no. 1039(4) dated 26.11.2014 has considered the case of the petitioner and rejected the same.

In such circumstances, no case of contempt is made out against the opposite parties. If the petitioner feels aggrieved, he may take legal course as available in law. With the aforesaid observation this application is disposed of.

Vinay/- (Shivaji Pandey, J) U