Bibha Kumari And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7370 of 2017 ======================================================

1. Bibha Kumari, D/o Ramji Mahato, Resident of Village- Darigara, P.S.- Amarplur (Mehdi Chak) District- Lakhisarai.

2. Swarnlata Kumari, D/o Haridev Prasad, Resident of villageKhandpura, P.S.- Khandplura, District- Shekhpura. ... ... Petitioners

Versus

1. The State of Bihar.

2. The Principal Secretary, Health Department, Government of Bihar, Patna.

3. The Director-in-Chief, Health Services, Government of Bihar, Patna.

4. The Director, Health Department, Government of Bihar, Patna.

5. The Regional Deputy Director, Health Services, Bhagalpur Division, Bhagalpur.

6. The District Magistrate, Bhagalpur, District- Bhagalpur.

7. The Civil Surgeon-cum-Chief Medical Officer, Bhagalpur.

8. The Additional Chief Medical Officer (A.C.M.O.), Bhagalpur.

9. The District Immunization Officer, Bhagalpur.

10. The Incharge Medical Officer, Primary Health Centre Jagdishlpur, DistrictBhagalpur. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Neerad Prashar, Advocate Mr. Arijeet Kumar Mitra, Advocate For the Respondent/s :

Mr. Ajay Behari Sinha-GA-8 Mr. Suryakant Kumar, A.C. to G.A.-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 31-08-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are raising grievance with respect to their transfer as well as the order of punishment

Patna High Court CWJC No.7370 of 2017 dt.31-08-2018 2/3 which has been inflicted upon them.

The petitioners are working as A.N.M., they were transferred from Jagdishpur in the district of Bhagalpur to Gopalpur and Rangra respectively, which also fall in the district of Bhagalpur. The transfer was made on account of fact that the petitioners were found misbehaving with Officer In-charge, Primary Health Centre, failure to discharge their official duty, putting hurdle in execution of official work and failure to achieve target. The petitioners have refused to receive the transfer orders. Whereafter, the relieving orders were sent to their permanent address, but the same has also not been received by the petitioners and ultimately, they did not join new place of posting and remained absent unauthorisedly, on that account, they were put under suspension vide order no.1150 dated 14.03.

2014 and the headquarter was made at Primary Health Centre, Sanhaulla, District- Bhagalpur. The suspension order was also sent to their residential address, even then they have not received the suspension order and the same was returned as unserved. For that a proceeding was initiated against the petitioners and two punishments have been inflicted upon them i.e.

Patna High Court CWJC No.7370 of 2017 dt.31-08-2018 3/3 increments with cumulative effect.

Learned counsel for the petitioners submits that the petitioners have already joined the new place of posting and they have been discharging their duties. He further submits that the petitioners have already filed a representation before the competent authority against their transfer.

Let the competent authority consider and decide the representation(s) filed by the petitioners with respect to their transfer without unnecessary delay. As has been stated that the order of punishment is appealable one, the petitioners, if so like, may file appeal before the appellate authority against their punishment order.

With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A.

Uploading Date 04.09.2018 Transmission Date N/A.