Kaushal Kishor v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17553 of 2022 ====================================================== Kaushal Kishor, son of Nand Kishore Singh, resident of Village- Tikaitpur, P.S.-Bihata, District- Patna.

... ... Petitioner

Versus

1.

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

2.

The Additional Chief Secretary, Health Department, Government of Bihar. 3.

The Civil Surgeon-cum-Chief Medical Officer, Patna. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Ms.Vijaya Laxmi Srivastwa, Advocate For the State :

Mr. Manoj Kumar Yadav, AC to GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and the State. The petitioner has questioned the order dated 10.08.2022 passed by Civil Surgeon-cum-Chief Medical Officer, Patna by which the petitioner has been transferred from the office of State Leprosy Office, Patna to Additional Primary Health Center Veer, Dhanarua.

The petitioner seems to be an employee of the Health Department and he was earlier transferred from the post of Clerk, Filaria, Control Unit, Gaya to the office of Civil Surgeon, Patna vide Memo No. 1688(4) dated 09.12.2019. It further appears that his service was placed at the disposal of State Programme Officer (Leprosy) but on the allegation of negligence on the part of the petitioner in rendering his duties,

Patna High Court CWJC No.17553 of 2022(2) dt.20-04-2023 2/2 the State Programme Officer (Leprosy), Bihar, Patna returned the service of the petitioner to the office of the Civil Surgeon vide Memo No. 39 dated 24.06.2022 (Annexure '1 series'). The petitioner has been thereafter posted at the Primary Health Centre, Veer, Dhanarua. The Civil Surgeon-cum-Chief Medical Officer, Patna has issued the letter as contained in Memo No. 11216 dated 10.08.2022 which is under challenge. On perusal of the writ application and from the submissions made on behalf of the petitioner, this Court finds nothing on the record to show that the posting of the petitioner at the Primary Health Centre, Dhanarua suffers from violation of any statutory provision or malafide.

This writ application has no merit. It is dismissed accordingly.

(Rajeev Ranjan Prasad, J) lata/- U