IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1523 of 2012

In

Civil Writ Jurisdiction Case No. 14734 of 2012

In

Interlocutory Application No. 6606 of 2012

In

Letters Patent Appeal No.1523 of 2012

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1. Dr. Binod Kumar Singh Son of Late Dinanath Singh Resident of

Mohalla- Kashipur Chowk, P.S.- Samastipur Town, District- Samastipur

2. Dr. Ashok Vardhan Sahay Son of Late Vidya Shankar Sahay Resident of

Mohalla- C-11, Officer's Colony, P.S.- Samastipur Town, District-

Samastipur. .... .... Appellant/s

Versus

1. The State of Bihar through The Principal Secretary, Department of

Health, Govt. of Bihar, Patna

2. The Deputy Secretary, Department of Health, Govt. of Bihar, Patna

3. The Director-In-Chief, Health Services, Govt. of Bihar, Patna

4. The Regional Deputy Director, Health Services, Darbhanga Division,

Samastipur

5. The Civil Surgeon-Cum-Chief Medical Officer, Samastipur, District-

Samastipur

6. The District Magistrate, Samastipur, District- Samastipur

7. Dr. Kumod Kumar Singh S/o Late Meghendra Prasad Singh R/o Village-

Tarbanna P.O.- Panchvir, P.S. Sahebpur Kamal, Dist.- Begusarai

.... .... Respondent/s

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Appearance :

For the Appellant/s : Mr. Abhay Shankar Singh, Advocate.

For the Respondent/s : Mr. Lalit Kishore, AAG 1

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

ORAL ORDER

Patna High Court LPA No.1523 of 2012 (4) dt.19-12-2012

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(Per: HONOURABLE THE CHIEF JUSTICE)

4.

19-12-2012

Feeling aggrieved by the order dated 22^nd August

2012 made by the learned single Judge in C.W.J.C No. 14734 of

2012, the writ petitioner nos. 1 and 2 have preferred this Appeal

under Clause 10 of the Letters Patent. The Appeal is pressed for

appellant no.1 alone.

The matter of grievance is the order of transfer dated

30^th June 2012 made by the Civil Surgeon–cum- Chief Medical

Officer, Samastipur of 43 Medical Officers the appellant being

one of them. The appellant is specialist Doctor and was posted in

Samastipur District under the order of the State Government.

It is the complaint of the appellant that since his

posting in the Samastipur District on 19^th September 2011, within

a short span of around seven months, the appellant has been twice

transferred. He is now posted at Additional Primary Health Centre

where his specialization cannot be utilized. He being Chief

Medical Officer he ought to be posted in a Hospital where

specialization can be utilized.

The Appeal is contested by the State Government.

Learned Additional Advocate General Mr. Lalit Kishore has

submitted that the Civil Surgeon –cum- Chief Medical Officer is

competent to make transfer within the District. The impugned

transfer, therefore, cannot be said to be made without the authority

of law.

However, we do not see any justification in frequent

transfers even within the district. In our opinion, the ends of

justice will be met if the appellant joins the duty at Additional

Primary Health Centre, Pusha, Samastipur, at the place of his

transfer within 10 days from today, but not later than 2^nd January

Patna High Court LPA No.1523 of 2012 (4) dt.19-12-2012

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2013 and the respondent-State Government is directed to consider

the representation made by the appellant on 11^th July 2012 to the

Principal Secretary, Health Department, State of Bihar. The

Principal Secretary, Primary Health Department will consider and

decide the representation made as early as on 11^th July 2012 within

four weeks from today.

The Appeal and the Interlocutory Application No.

6606 of