Ajay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20215 of 2018 ====================================================== Ajay Kumar, son of late Jhauri Ram, resident of Mohalla Baragi, P.S. Delha, Dist. Gaya.

... ... Petitioner/s

Versus

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

2. The Director-in-Chief (Admn), Health Services, Government of Bihar, Patna.

3. The Divisional Commissioner, Magadh Division, Gaya.

4. The Regional Additional Director, Health Services, Magadh Division, Gaya.

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

For the Petitioner/s :

Mr. Prince Kumar Mishra, Adv.

For the Respondent/s :

Mr. Mujtabaul Haque- GP12 Mr. Manish Kumar, AC to GP12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 26-10-2018 Heard learned counsel for the parties.

The petitioner is holding the post of Clerk, was posted in the office of Civil Surgeon, Gaya and was transferred from there to Primary Health Center, Khijarsarai in view of the order dated 23.7.2018 passed in C.W.J.C. No. 17902 of 2017 and, accordingly, the petitioner had joined the new place of posting. A complaint was received against Braham Prakash, who had remained there for a long period, on that ground, a direction was issued by the Commission, Magadh Division to undertake an exercise of transfer and the transfer order was subject matter of C.W.J.C. No. 15067 of

Patna High Court CWJC No.20215 of 2018 dt.26-10-2018 2/2 2017 and that order was passed against Braham Prakash has been set aside by this Court. In the same tenor, the order passed against Ajay Kumar was also challenged in C.W.J.C. No. 17231 of 2017 which was also quashed by this Court. As claimed by the petitioner that his case is identical to that of Fazal Ahmed Raza and others in C.W.J.C. No. 17902 of 2017 and this court has given direction to them to file a representation and proper order will be passed by the Civil Surgeon, Gaya.

In the same term, this Court also directs the petitioner to file a representation before the Civil Surgeon, Gaya and he will also pass an order in accordance with law.

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

(Shivaji Pandey, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 30.10.2018 Transmission Date