Patna High Court - Orders
Dr. Ram Biswas Yadav @ Dr. R.B. Yadav vs The State Of Bihar & Ors on 7 April, 2014
Author: Mihir Kumar Jha
Bench: Mihir Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3385 of 2014
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Dr. Ram Biswas Yadav @ Dr. R.B. Yadav Son Of Late Muni Lal Yadav
Resident Of Mohalla- Anand Nagar, P.S.- Town, P.O. Bettiah, District-
West Champaran
.... .... Petitioner/s
Versus
1. The State Of Bihar Through The Secretary, Department Of Health
Services, Bihar, Patna
2. Director In Chief, Health Services, Bihar, Patna
3. Commissioner, Tirhut Commissionary, Muzaffarpur Null Null
4. Regional Deputy Director, Health Services, Tirhut Commissionary,
Muzaffarpur Null Null
5. Civil Surgeon, West Champaran, Bettiah Null Null
6. Superintendent M.J.K. Hospital, Bettiah, West Champaran
7. Incharge Medical Officer, Primary Health Centre, Nautan, Bettiah,
West Champaran
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dr. Pankaj, Adv.
For the Respondent/s : Mr. Anil Kr Uapdhyay, SC-20
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CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
ORAL ORDER
2 07-04-2014Heard learned counsel for the parties in respect of the following prayer made in this writ application:-
"1). ------ commanding the respondents to make payment of the „salary‟ of the petitioner which has illegally been held up without assigning any reason with effect or arbitrarily from May 2012 till date."
Having regard to the fact that the petitioner claims payment of salary pursuant to an order of deputation issued by the Regional Deputy Director, Health Services, Tirhut Division, Muzaffarpur vide his Memo No. 324 dated 23.5.2012, relevant Patna High Court CWJC No.3385 of 2014 (2) dt.07-04-2014 2 portion whereof reads as follows:-
^^dk;kZy; {ks=h; mi funs"kd Lok0 lsok;sa] frjgqr izeaMy] eqtQQjiqjA &%vkns"k%& v/kh{kd ,e0ts0ds0 vLirky osfr;k ds i=kad 611 fnukad 22-5-12 ukSru ds vH;kosnu ij lgkuqHkwfr iwoZd fopkj djrs gq, rFkk muds ofj;rk ,oa fof"k'B ;ksX;rk ¼Qksjsflad esfMlhu esa LuksdksRrj fMxzh½ ds vk/kkj ij vxys vkns"k rd izk0 Lok0 dsUnz ukSru i0 pEikj.k ls ,e0ts0ds0 vLirky osfr;k esa izfrfu;qfDr fd;k tkrk gSA Mk0 ;kno LFkkuh; O;oLFkk ls fojfer gksdj vius izfrfu;qfDr LFkku ij ;ksxnku djsaxsA g0@& {ks=h; mi funs"kd Lok0 lsok;sa frjgwr izeaMy] eqtQQjiqjA Kkikad 324@ eqtQQjiqj] fnukad 23@5@12** this Court, in the light of the stand taken by the respondent no.5 in the counter affidavit, reading as follows:-
"5. That, it is stated here that the writ petitioner was posted as a Medical Officer, at P.H.C., Nautan, who has been ordered to render his services at M.J.K. Hospital, Bettiah on deputation by the order of the Regional Deputy Director, Muzaffarpur, contained in his memo no. 324 dated 23.05.2012, after taking his relieving as per the local norms.
6. That, the writ petitioner voluntarily joined M.J.K. Hospital, Bettiah, without getting permission/Relieving from P.H.C., Nautan, which resulted in serious problems for running the P.H.C., Nautan and providing health services to Patna High Court CWJC No.3385 of 2014 (2) dt.07-04-2014 3 the local patients.
7. That, it is pertinent to mention here that 70 seats are still vacant in the several P.H.C. so the D.H.S. is facing difficulties in providing health services to the people at large while in M.J.K. Hospital Bettiah, near about 60 Medical officers have been deputed from Government Medical College, Bettiah who are rendering their services and hence services of the writ petitioner is not required.
8. That, due to the voluntarily committed illegal acts, the D.H.S. has suffered irreparable loss and hence Form-K has been constituted and issued against the writ petitioner for the commencement of Department proceeding, against the writ petitioner vide Memo No. 300 dated 08.02.2013."
would direct the Principal Secretary of the Health Department to examine as to whether first of all the aforesaid order of deputation passed by the Regional Deputy Director, Health Services, Tirhut Division, Muzaffarpur was within the competence and jurisdiction of the Regional Deputy Director of Health (R.D.D.H.) as per the delegation of power given by the State Government. In the event, it is found by the Principal Secretary of the Health Department that the aforesaid office order dated 23.5.2012 was within the competence of R.D.D.H., he will take his decision as with regard to payment of salary of the petitioner on the basis of proof of his work done. In other words, if it is found that the Regional Deputy Director, Health Services had no power to make deputation of the Patna High Court CWJC No.3385 of 2014 (2) dt.07-04-2014 4 petitioner holding the post of Medical Officer in the Primary Health Centre, he will straightway reject the claim of salary of the petitioner because the petitioner was never relieved by any competent authority as envisaged even in the order of Regional Deputy Director, Health Services dated 20.5.2012 but, on the other hand if he would find that the said order was within the competence of the said authority i.e. Regional Deputy Director, Health, Muzaffarpur and thereafter the petitioner had carried out an order of the superior authority, the payment of salary shall be made on the basis of the absentee statement to be given by the Superintendent of Bettiah hospital.
This Court hopes and believes that such decision by the Principal Secretary of the Health will be taken within a period of three months from the date of production of a copy of this order before him by the petitioner.
With the aforementioned observation and direction, this application is disposed of.
(Mihir Kumar Jha, J) Rishi/-