Anita Kumari vs The State Of Bihar
2025 Latest Caselaw 1596 Patna

Patna High Court

Anita Kumari vs The State Of Bihar on 4 February, 2025

Author: Partha Sarthy

Bench: Partha Sarthy

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Letters Patent Appeal No.1061 of 2023
                                            In
                      Civil Writ Jurisdiction Case No.7448 of 2023
     ======================================================
     Anita Kumari Wife of Sri Arun Kumar, Resident of Village - Ratanpur, Post-
     Hajpurba Karuaa, P.S.-Chakmaishi, District - Samastipur.


                                                                   ... ... Appellant/s
                                          Versus


1.   The State of Bihar Through Additional Chief Secretary, Health Department,
     Bihar, Patna.
2.   The Commissioner, Darbhanga Pramandal, Darbhanga.
3.   The Collector, Darbhanga.
4.   The Special Work Officer, District Confidential Section, Darbhanga.
5.   The Regional Additional Director, Health Department, Darbhanga
     Pramandal, Darbhanga.
6.   The Civil Surgeon, cum Chief Medical Officer, Darbhanga.
7.   The Assistant Civil Surgeon, cum Medical Officer, Darbhanga
8.   The In-charge Medical Officer, Community Health Centre, Singhwara,
     Darbhanga.
9.   The In-charge Medical Officer, Community Health Centre, Gaura Bauram,
     Darbhanga.


                                                                 ... ... Respondent/s
     ======================================================
     Appearance :
     For the Appellant/s      :       Mr. Dileep Kumar Singh, Advocate
     For the Respondent/s     :       Mr. S.D. Yadav, AAG-9
                                      Mr. Anil Kumar Verma, AC to AAG-9
     ======================================================
     CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
                and
                HONOURABLE MR. JUSTICE PARTHA SARTHY
 Patna High Court L.P.A No.1061 of 2023 dt.04-02-2025
                                             2/4




       ORAL JUDGMENT

(Per: HONOURABLE THE ACTING CHIEF JUSTICE)

Date : 04-02-2025

Re. I.A. No. 1 of 2023:-

The learned Advocate for the appellant presses

the afore-noted interlocutory application for condoning

the delay of 5 days in preferring this appeal.

2. For the reasons stated in the application, the

delay of 5 days in preferring this appeal is, hereby,

condoned.

3. I.A. No. 1 of 2023 stands allowed.

Re. L.P.A. No. 1061 of 2023:-

4. We have heard Mr. Dileep Kumar Singh, the

learned Advocate for the appellant and Mr. S.D. Yadav,

the learned AAG-9 for the State.

5. The appellant, an ANM, was aggrieved by her

transfer from one Primary Health Center to another but in

the same district.

6. The Contention of the appellant is that it was Patna High Court L.P.A No.1061 of 2023 dt.04-02-2025

pursuant to a communication made with respect to her

conduct. The counsel for the appellant, therefore,

submits that the transfer order was effected by way of

punishment without giving any opportunity to explain her

cause.

7. The learned Single Judge, after reading the

order of the transfer, found that something may have

been in the background, but then the transfer was made

only for the purposes of effective functioning of the

Primary Health Centre, where the appellant had been

posted for sometime. The transfer order appeared to have

been effected for better and more efficient functioning of

the Health Centre in larger public interest. The order of

transfer does not prima facie appear to be stigmatic in

any manner, whatsoever. No mala fides also could be

proved by the appellant before the learned Single Judge.

Precisely, for this reason, her challenge to such transfer

order could not be sustained.

8. The appellant now must have joined the Patna High Court L.P.A No.1061 of 2023 dt.04-02-2025

transferred place of posting.

9. We do not find any reason to interfere with

the order of the learned Single judge refusing to interfere

with such transfer matter, made in public interest and for

efficient functioning of the system.

10. The appeal stands dismissed in limine.

11. Interlocutory application(s), if any, also

stands disposed off.

                                                (Ashutosh Kumar, ACJ)


                                                    (Partha Sarthy, J)

Manoj/Praveen-II

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          05.02.2025
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