Dr. Chandeshwari Rajak v. The State Of Bihar,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2352 of 2021 In Civil Writ Jurisdiction Case No.8138 of 2020 ====================================================== Dr. Chandeshwari Rajak, Son of late Bishwanath Rajak, Resident of Village - Bishanpur, Mohanpur Chaumukh, P.S. - Bihariganj, District- Madhepura at present posted as a Medical Officer, Samudaiyik Health Centre, Karakat, Rohtas, District- Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pratayay Amrit, Son of Not known to the petitioner, Principal Secretary, Health Department, Government of Bihar, Patna. 3.

Ram Ishwar, Son of Not known to the petitioner, Joint Secretary, Health Department, Government of Bihar, Patna.

4.

Shailesh Kumar, Son of Not known to the petitioner, Deputy Secretary Health Department, Government of Bihar, Patna. 5.

Anil Verma, Son of Not known to the petitioner, Director in Chief, Health Services, Government of Bihar, Patna.

6.

Dr. Niharika Sahay, Son of Not known to the petitioner, Regional Deputy Director, Health Services, Patna Division, Patna. 7.

Dr. Navdeep Shukla, Son of Not known to the petitioner, Collector, Bhabhua.

8.

Dr. Mira Kumari, Daughter of Not known to the petitioner, Civil Surgeon cum Chief Medical Officer, Kaimur (Bhabhua) District- Bhabhua. 9.

Dr. Awdhesh Kumar Das, Son of Not known to the petitioner, Medical Officer, E.P.H.C. Bambour Sub- Divisional Hospital, Mohania, DistrictBhabhua. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajiv Kumar Singh, Advocate For the Opposite Party/s :

Mr. S.D. Yadav, AAG-9 Mr. Nagendra Kumar, AC to AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-04-2023 There was a direction by this Court in the order dated 03.08.2021 passed in CWJC No. 8138 of 2020 issued to the Principal Secretary, Health Department, Government of Bihar to consider the petitioner's representation dated 01.07.2021 and pass a reasoned order. An order in compliance thereof has been passed on 24.08.2022, which has been brought on record by

Patna High Court MJC No.2352 of 2021(4) dt.26-04-2023 2/2 way of Annexure-A to the show cause reply filed on behalf of opposite party No. 2. It is the case of the State of Bihar that the said order of this Court dated 03.08.2021 has been complied with, with the passing of reasoned order dated 24.08.2022. Learned counsel for the petitioner, however, submitted that the Court had directed the Principal Secretary to consider several aspects of the matter while considering his representation and passing of reasoned order. He has submitted that the said order, however, does not contain reasons on several points mentioned in this Court's order dated 03.08.2021. I have perused the order dated 24.08.2022 passed by the Additional Chief Secretary, Health Department, Government of Bihar.

On careful reading of the said order, I am of the view that no case of deliberate disobedience of this Court's order is made out. The said order contains reasons. If the petitioner is not satisfied with the said order, he is at liberty to question the correctness of the same before appropriate forum in accordance with law.

The contempt proceeding stands dropped accordingly. (Chakradhari Sharan Singh, J) Rajesh/- U