Patna High Court
Satish Kumar Ram vs The State Of Bihar Through The ... on 25 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10329 of 2021
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Satish Kumar Ram Son of Khushar Ram Resident of Village - Thadhidhata
South, P.S. - Kishanpur, District- Supaul, Present posted at the Post of Block
Community Mobilizer (Asha), Primary Health Centre, Bhawanipur, District-
Purnia.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Health Department,
Government of Bihar, Patna.
2. The Executive Director, State Health Society Bihar, Patna.
3. The District Magistrate cum Chairman District Health Society, Purnea.
4. The Civil Surgeon cum Secretary, District Health Society, Purnea.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Kuldeep Kumar
For the Respondent/s : Mr. Ajay Behari Sinha, GA 8
: Mr. K.K. Sinha, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 25-02-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19 pandemic.
2. Learned counsel Mr. K.K. Sinha accepts notice for
respondent Nos. 2 and 4.
3. State counsel accepts notice for respondent Nos. 1 and
3.
4. Counsel for the petitioner is hereby directed to serve
copy of the writ petition to the counsel for the State/respondents, if
it is not already served.
Patna High Court CWJC No.10329 of 2021 dt.25-02-2022
5. In the instant petition, petitioner has prayed for the
following relief/reliefs:
"(i) For issuance of appropriate writ/writs
for quashing to the order bearing order No. :
SHSB/GA/1507/2015 memo no. 4377, dated -
21/09/2018 passed by under the signature of Lokesh
Kumar Singh, Executive Director cum Special
Secretary, State Health Society, Bihar, Patna.
(ii) For issuance of direction/directions,
writ/writs in nature of mandamus upon the respondent
authorities (specially the respondent Nos. - 1 &2) for
transfer of the Petitioner from Bhawanipur, Purnea to
any block under Supaul district in view of the fact that
the petitioner's mother and father is critically ill having
several health issues and as such, they are unable to
look after themselves and previously similarly situated
person have been transferred by the respondent/s;
(iii) For any other relief/reliefs for which
the petitioner is entitled in the facts and circumstances
of the present case."
6. Petitioner is not entitled to reliefs sought in the
present petition insofar as challenge to the order dated 21.09.2018
for the reasons that matter relates to transfer whereas the present
petition is presented in the year 2021. The order dated 21.09.2018
must have spent its force so what remains is whether petitioner is
entitled for relief No. 2 or not? In this regard, petitioner is at
liberty to submit a detailed representation to the transferring
authority within a period of four weeks from today. If such
representation is submitted with domestic reasons for transfer, the
transferring authority is hereby directed to examine the petitioner's
Patna High Court CWJC No.10329 of 2021 dt.25-02-2022
grievance and pass a suitable order either in accepting or rejecting
The order must be reasoned one.
7. With the above observations, writ petition stands
disposed off.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 04.03.2022
Transmission Date
