Patna High CourtCWJC/20643/2018disposed

Subash Chandra Gupta v. The State Of Bihar And ORS

2018-12-13Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20643 of 2018 ====================================================== Subash Chandra Gupta, Son of Late Ram Anup Sah, Resident of Mohalla- Sai Takiya near 10 DH Quarter, P.O.- Gulzarbagh, P.S.- Alamganj, Patna-1, Presently posted as Pharmacist, PMCH, Deputed State Vaccine Store in the Campus of NMCH, Patna.

... ... Petitioner/s

Versus

1. The State of Bihar through its Secretary Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna.

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

3. The Superintendent Patna Medical College Hospital, Patna.

4. The Civil Surgeon cum Chief Medical Officer, Sadar Hospital, Jhanjharpur, Madhubani.

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

For the Petitioner/s :

Mr. Dudh Nath Singh For the Respondent/s :

Mr. Nagendra Pd. Yadav- Sc23 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date : 13-12-2018 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

In this case, the petitioner holding the post of Pharmacist and was posted at P.M.C.H. and from P.M.C.H. he has been transferred to Sadar Hospotal, Jhanjharpur, Madhubani. Learned counsel for the petitioner submits that the petitioner is suffering from heart ailment. As per the advise of the Doctor, he should remain under the treatment of some heart specialist. If the petitioner is compelled to perform the duty at

Patna High Court CWJC No.20643 of 2018 dt.13-12-2018 2/2 Jhanjharpur, it may affect the health of the petitioner and danger to his life.

Let the petitioner should first join the new place of posting. He is advised to file a representation to the competent authority who will constitute a Medical Board and get him examined and if it is found that the petitioner is suffering from the heart ailment, in such circumstances, the decision will be taken looking to the health of the petitioner.

With this observations and directions, this writ petitioner is disposed of.

(Shivaji Pandey, J) sanjeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20/12/2018 Transmission Date NA