Citation : 2022 Latest Caselaw 340 Patna
Judgement Date : 12 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21032 of 2021
======================================================
Praveen Kumar Sinha Son of Late Mahesh Prasad Resident of New Ojha Toli, Near Police Chauki 2/4, Ratanpura, P.S. Bhagwan Bazar, District- Saran.
... ... Petitioner/s Versus
1. The State of Bihar through Additional Chief Secretary, Health, Department, Govt. of Bihar, Patna.
2. The Collector, Saran, Chapra.
3. The Chief Medical Officer Cum Civil Surgeon, Saran, Chapra.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Shrivastava For the Respondent/s : Mr.Ramadhar Singh (Gp25) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 12-01-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19
pandemic.
2. In the instant petition, petitioner has prayed for
following reliefs:
"(i) For setting aside the order dated 10.12.2021 contained in Memo No. 3146 issued by Civil Surgeon cum Chief Medical Officer, Saran, Chapra whereby the writ petitioner has been transferred from civil surgeon office, Chapra to Superintendent office, Sadar Hospital, Chapra.
(ii) For the petitioner shall be taken back to duty at Civil Surgeon office, Chapra if he has been relieved.
(iii) For stay the operation of the impugned order dated 10.12.2021 contained in Memo No. 3146.
Patna High Court CWJC No.21032 of 2021 dt.12-01-2022
(iv) For grant of any other relief or reliefs for which the petitioner is entitled on the facts as well as law both."
3. The one and only argument advanced by the
petitioner is that the post of Head Clerk is not available in the
office of the Sadar Hospital, Chapra. In this regard, petitioner is
hereby directed to file a representation to the author of the
transfer order dated 10.12.2021 within a period of one week
from the date of receipt of this order. If such representation is
submitted, the transferring authority is hereby directed to
examine the grievance of the petitioner and pass speaking order
within a period of one month from the date of receipt of
petitioner's representation.
5. With the aforesaid observations, the instant
petition stands disposed of.
(P. B. Bajanthri, J) rakhi/-
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