Md. Mazhar Hussain vs The State Of Bihar
2022 Latest Caselaw 2105 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Civil Writ Jurisdiction Case No.10020 of 2020
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Md. Mazhar Hussain son of Md. Salimuddin road No. 5A, new Karimganj, P.s.- Civil line, District- Gaya ... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Bihar Patna

2. The Director, Health Department, Bihar, Patna

3. The Principal Secretary, Health Department, Bihar, Patna

4. The Regional additional Director Health Department, Magadh Division, Gaya

5. The Commissioner, Magadh Division, Gaya

6. The District Magistrate, Gaya

7. The Civil Surgeon cum Secretary District Helth Society, Gaya

8. Dr. Md. Anzarul Haque Health Officer (Unani) Primary Health Centre, Guraru, Dist Gaya ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Anil Kumar Saxena For the Respondent/s : Mr. Ajay Behari Sinha, G.A.-8 Mr. Neeraj Raj, AC to GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 13-04-2022

Heard the learned counsels for the parties.

In the instant petition, petitioner has prayed for

following reliefs:-

"(1) That this writ application is being filed for issuance of an appropriate writ/writs in the nature of certiorari for the setting aside the letter bearing memo NO.

2614, Gaya dated 18/7/2020 issued by civil surgeon cum Chief health officer, Gaya, by which the petitioner has been relieved from his post of medical officer in-charge-cum Drawing and Disbursing officer, primary Health centre Guraru and in his place Dr. Md. Anzarul Haque health officer, (Unani) has been posted on misconceived ground."

Patna High Court CWJC No.10020 of 2020 dt.13-04-2022

Short question for consideration in the present petition

is whether petitioner could be displaced from the post of Medical

Officer Incharge-cum- Drawing and Disbursing Officer, Primary

Health Centre, Guraru or not? Such displacement of the petitioner

from the aforesaid post is based on certain allegations. Petitioner

cannot be displaced from such a post merely on the allegations. If the

alleged allegations are prima facie true, in that event the competent

authority should have proceeded to initiate appropriate enquiry and

initiation of departmental proceedings and not to displace him

abruptly from the post held by him in the absence of any provision of

law.

In the light of these facts and circumstances, relieving

of petitioner from the post of Medical Officer Incharge-cum-

Drawing and Disbursing Officer, Primary Health Centre, Guraru is

arbitrary. Accordingly, Memo No. 2614, Gaya dated 18/7/2020 is set

aside reserving liberty to respondent to initiate appropriate

proceeding if it is warranted at this distance of time or not? Petitioner

shall be continued in the present post in accordance with law. If his

tenure in a place and post is completed in that event necessary orders

may be passed.

(P. B. Bajanthri, J) rakhi/-

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