Dr. Abhay Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17676 of 2019 ====================================================== 1.

Dr. Abhay Kumar Sinha, Son of Late Surendra Prasad Sinha, resident of D32, P.C. Colony, P.S.- Kankarbagh, District- Patna. 2.

Dr. Ram Kumar Prasad, Son of Late Baleshwar Prasad, resident of MIG- 49, Chankayapuri, P.S.- Civil Line, District- Gaya and at present residing at Mahi Khandak, Kachahari Road, P.S.- Bihar, District- Nalanda. ... ... Petitioner/s

Versus

1.

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

2.

The Joint Secretary, Department of Health, Government of Bihar, Patna. 3.

The Director in Chief (Administration), Department of Health, Government of Bihar, Patna.

4.

The Director in Chief (Nursing), Department of Health, Government of Bihar, Patna.

5.

The District Magistrate, Nalanda, District- Nalanda. 6.

The Deputy Collector (Establishment), Nalanda, District- Nalanda. 7.

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

For the Petitioner/s :

Mr. Niraj Kumar, Advocate For the Respondent/s :

Mr. Neeraj Raj, A.C. to G.A. -8 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT Date : 22-10-2019 Heard learned counsel for the parties.

2. The petitioners are members of Bihar State Health Services. They have sought for quashing of an order dated 30.06.2019 whereby the Civil Surgeon-cum-Chief Medical Officer, Nalanda, has transferred them from one place to another within the district.

Patna High Court CWJC No.17676 of 2019 dt.22-10-2019 2/2

3. Learned counsel appearing on behalf of the petitioners has submitted that the Civil Surgeon does not have any jurisdiction to shift the petitioners from the places of their respective posting which can be done only by the State Government/Department. He has also submitted that the Department has already taken strong view of the conduct of Civil Surgeons in transferring the Doctors from one place to another, within the district.

4. Considering the facts and circumstances, this writ application is disposed of with a direction that let the Principal Secretary, Health Department, Government of Bihar, look into the petitioners' grievance and take a decision within a period of four weeks from the date of receipt/production of a copy of this order.

5. This writ application is, accordingly, disposed of. (Chakradhari Sharan Singh, J) S.Ali/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 24/10/2019 Transmission Date N.A.