Patna High Court
Nirwana Netralya Represented vs The State Of Bihar on 8 April, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8448 of 2020
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Nirwana Netralya represented through Arvind Kumar, aged about 42 yrs.,
male, Son of Wakil Prasad, Residing at Ward no. 40, Maa Tarachandi Road,
Atkhambawa, P.S. Sasaram Town, District - Sasaram, Bihar - 821115.
... ... Petitioner/s
Versus
1. The State of Bihar represented through the Principal Secretary, Department
of Health, Patna, Bihar.
2. The Bihar Swasthya Suraksha Samiti through its C.E.O., 2nd Floor,
Secretariat Extension Building, Block 3, Old Secretariat, Patna - 800015.
3. The Deputy Secretary-cum-Administrative Officer, Bihar Swasthya
Suraksha Samiti, AB-PMJAY, Parivar Kalyan Bhawan, Shekhpura, Patna -
800014.
4. The Medical Officer, Bihar Swasthya Suraksha Samiti, AB-PMJAY, Parivar
Kalyan Bhawan, Shekhpura, Patna - 800014.
5. The Jharkhand State Aarogya Samiti, through its the Deputy Secretary-cum-
Additional Executive Director, Ranchi, Jharkhand.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Bipin Bihari, Advocate
For the State : Ms. Kalpana, AC to GA 8
For the BSSS : Mr. Shantanu Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 08-04-2021
The matter has been heard via video conferencing.
2. Heard Mr. Bipin Bihari, learned counsel for the
petitioner; Ms. Kalpana, learned AC to GA 8 for the State and
Mr. Shantanu Kumar, learned counsel for the Bihar Swasthya
Suraksha Samiti (hereinafter referred to as the "BSSS").
3. The petitioner has moved the Court for the
following reliefs:
"(i) To issue a writ of Mandamus or
Patna High Court CWJC No.8448 of 2020 dt.08-04-2021
Certiorari by quashing and setting aside thereby
Annexure-9 i.e. the impugned office order no.-1573
dated 18-09-2020 issued by the respondent no. 3-
The Deputy Secretary-cum-Administrative Officer,
Bihar Swasthya Suraksha Samiti, AB-PMJAY,
Parivar Kalyan Bhawan, Shekhpura, Patna-
800014 being ultravires as per the statement of the
respondent no. -4 (Annexure-10) to the Prime
Minister office on 18-09-2020 whereby and where
under without having jurisdiction to interfere in
the matter of Respondent no. -5 and without
getting legal sanction from the Respondent no. -5,
the impugned office order no. -1573 dated 18-09-
2020 was issued by the respondent no. -3-The
Deputy Secretary-cum-Administrative Officer,
Bihar Swasthya Suraksha Samiti, AB-PMJAY,
Parivar Kalyan Bhawan, Shekhpura, Patna-
800014 to this petitioner.
(ii) To direct the Respondents
particularly the Respondent no. -3 and 4 to
produce the legal sanction of the Respondent no.
-5 on the basis of which the impugned office order
no. - 1573 dated 18-09-2020 has been issued by
the respondent no. 3 to this petitioner on behalf of
respondent no. -5.
(iii) To hold and declare the impugned
action of the respondents particularly The
respondent no. -3- Deputy Secretary-cum-
Administrative Officer, Bihar Swasthya Suraksha
Samiti, AB-PMJAY, Parivar Kalyan Bhawan,
Patna High Court CWJC No.8448 of 2020 dt.08-04-2021
Shekhpura, Patna-800014 as illegal, bad in law as
being Ultravires.
(iv) To consequentially direct the
respondents particularly The Deputy Secretary-
cum-Administrative Officer, Bihar Swasthya
Suraksha Samiti, AB-PMJAY, Parivar Kalyan
Bhawan, Shekhpura, Patna-800014 and its official
to perform their duties as per the terms of the
agreement and to not mislead the statutory
authority by way of false submission and to issue
show cause notice to Respondent no. -3 and 4 for
misleading the statutory authority to conceal their
misdeeds.
(v) Any other relief or reliefs which
the petitioner may be found entitled to in the facts
and circumstances of the case."
4. Having heard the parties, the Court finds that the
order impugned itself stipulates that it was for a period of three
months and due to efflux of time, now nothing further remains
to be adjudicated.
5. Moreover, learned counsel for the BSSS
submitted that if there is any grievance remaining, there is a
provision for the party to move before the State Level Grievance
Redressal Committee which is headed by the Principal Secretary
of the Health Department, Government of Bihar and after that
also there is provision for moving before the National Grievance
Patna High Court CWJC No.8448 of 2020 dt.08-04-2021
Redressal Committee, which the petitioner may avail.
6. Having regard to the aforesaid, the writ petition
stands disposed off.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T
