Anita Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3188 of 2014 In Civil Writ Jurisdiction Case No. 3310 of 2005 ====================================================== Anita Kumari Wife of Arun Kumar Resident of Village-Ratanpur, Post Office-Jagdish Paran, Police Station-Chakmehsi, District-Samastipur. .... .... Petitioner

Versus

1. The State of Bihar through its Health Secretary namely Sri Deepak Kumar.

2. Dr. Surendra Prasad, Director-in-Chief, Health Services, Bihar, Patna.

3. Dr. Ashok Kumar Singh, Civil Surgeon-cum-Chief Medicial Officer, Sasaram.

4. Dr. Uday Narayan Choudhary, Civil Surgeon-cum-Chief Medical Officer, Darbhanga.

5. Dr. Baldeo Prasad Gupta, the Incharge Medical Officer, Rohtas. .... .... Opp.Parties ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Kaushal Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 08-09-2015 No one appears for the petitioner. Learned counsel for the opposite parties is present.

This Court in the order dated 6.8.2010 in C.W.J.C.No. 3310/2005 had only issued a limited direction for taking a final decision on the payment of admissibility of T.A. bills of four of the petitioners. This contempt application, however, has been filed only by one of the petitioner Anita Kumari wherein she has claimed that her T.A. bill has not been passed. From the two show cause replies filed one by the Director-in-Chief of the Health Services and the other by the Civil Surgeon, Darbhanga it becomes clear that there are number of

Patna High Court MJC No.3188 of 2014 (2) dt.08-09-2015 discrepancies in the T.A.Bill of the petitioner as would be also apparent from reading of letter No. 1055 dated 19.4.2014, contained in Annexure 'H' to the show cause reply filed by the Civil Surgeon.

In that view of the matter, this Court would not find that the opposite parties have committed any contempt, inasmuch as they have considered the case of the petitioner Anita Kumari for grant of T.A.bill and have found the same to be not admissible as per the Bihar Financial Rules. In such a situation, while this Court would not be inclined to initiate a proceeding of contempt but nothing said in this order, however, shall come in the way of the petitioner to remove the discrepancies and raise fresh claim for payment of her T.A. bills in accordance with law. With the aforementioned observation, this application is disposed of.

(Mihir Kumar Jha, J) surendra/- U