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Patna High CourtCWJC/22761/2018disposed

Amit Kumar v. The State Of Bihar And ORS

2020-01-06The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22761 of 2018 ====================================================== Amit Kumar Son of Sri Raj Kumar Singh, resident of Village Rampur, PostSutihar, P.S. Derni, District- Chapra Saran at present residing at House No. 27, Road No. 4, North Patel Nagar, P.S. Shastri Nagar, District- Patna, Bihar. ... ... Petitioner/s

Versus

1.

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

2.

Executive Director, State Health Society, Bihar, Patna. 3.

Director in-Chief, Health Services, Department of Health, Bihar, Patna. 4.

Superintendent, Patna Medical College Hospital, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mani Madhukar, Advocate For the Respondent/s :

Mr. Lalit Kishore -A.G.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-01-2020 The petition filed on 29.11.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief: "a) To enquire into the appointment of Para Medical Staffs who neither have the requisite, specific qualification.

b) To enquire into the transfer policy of the medical officer who were transferred without observing the transfer policy rule.

Patna High Court CWJC No.22761 of 2018(2) dt.06-01-2020 2/3 c) To enquire into the fund utilization of Rogi Kalyan Samiti. Funds are diverted elsewhere as such the welfare of the Rogi is neglected in this way the welfare of Rogi is hampered and neglected.

d) The services of the contractual basis appointee are extended without taking consideration of his previous service."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in

Patna High Court CWJC No.22761 of 2018(2) dt.06-01-2020 3/3 accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Ravi/- U