Hira Lal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23338 of 2019 ====================================================== Hira Lal Das Son of Saurup Das, R/o Vill- Bhagirathpur, P.S. Sakri, DistrictMadhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Health Department, Govt. of Bihar, New Secretariat, Bailey Road, Patna. 2.

The District Magistrate Cum Chairman District Health Society, Madhubani. 3.

The Civil Surgeon-Cum Member Secretary, District Health Society Madhubani.

4.

The Additional Chief Medical Officer Cum Nodel Officer RBSK, Madhubani.

5.

The In-Charge, Medical Officer Referral Hospital Cum, Primary Health Centre Pandaul, Madhubani.

6.

Sudisht Narayan Jha, Basic Health Worker, Bhawanipur, Under Madhubani, District.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Shankar Das, Adv.

For the Respondent/s :

Mr.Ajay Bihari Sinha ( Ga8 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 28-11-2019 Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has mainly prayed for the following reliefs:- "i. to direct the respondents to take action against the

Patna High Court CWJC No.23338 of 2019(2) dt.28-11-2019 2/3 private respondents who involved in illegal work in connivance with the Medical Officer of the P.H.C. Pandaul and after holding enquiry by constituting committee where the large number misappropriation of public fund committee whereby the public authority was directed to constitute three men enquiry committee and to submit enquiry report but no such report was submitted and found prima facie case of malpractice and misappropriation of public fund. ii. to direct the respondents to set up inquiry and initiate proceeding against the persons who are responsible in dealing illegal work in the P.H.C. Pandaul where the private respondent continuously posted at one place in the same division and after transfer living in P.H.C. Pandaul for the purpose of illegal work. The employees of P.

H.C. Pandaul continuously working from several years in the same districts and to take action in the dereliction of duty by the public authority where injury is caused to public involving them in dealing local politics there.." Learned counsel for the petitioner states that the writpetitioner shall approach the respondent-authorities highlighting the grievances made in the present petition.

In the event such a representation is filed, the appropriate authority action shall positively be taken within a period of three months thereafter.

The writ petition is accordingly disposed of reserving

Patna High Court CWJC No.23338 of 2019(2) dt.28-11-2019 3/3 liberty to the petitioner to approach the Court, if the need so arises.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U