Patna High Court
Dr. Ankita SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The court held that the interim application is infructuous and dismissed it, and disposed of the writ petition while allowing the petitioner to file a fresh representation for transfer.
Summary
The petitioner, Dr. Ankita Singh, filed a writ petition seeking to quash Notification No. 1708(9) dated 27-11-2023, which revoked her suspension and directed her to a distant posting. She also requested a transfer to a location near her husband’s posting, invoking a Government of Bihar circular and DoPT Guidelines. The court noted that the petitioner had already complied with the transfer order dated 27-11-2023, rendering her interim application (I.A. No.01 of 2024) moot. Consequently, the court dismissed the interim application and found no need to pass any further order on it. The writ petition was disposed, but the petitioner was granted liberty to file a fresh representation with her grievances and the relevant circular before the Additional Chief Secretary, Department of Health, within 30 days, for sympathetic consideration under the DoPT Guidelines.
Issues considered
- Whether the petitioner’s request for a transfer to a posting near her husband can be entertained after she has complied with the earlier transfer order.
- Whether the interim application (I.A. No.01 of 2024) seeking amendment of the prayer is infructuous.
- Whether the writ petition seeking quashing of Notification No.1708(9) is maintainable in view of the petitioner’s compliance with the transfer order.
Subjects
- Administrative law
- Service law
- Transfer and posting
- Government circular
- DoPT Guidelines
- Civil writ jurisdiction
- Suspension revocation
- Interim application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.381 of 2024
======================================================
Dr. Ankita Singh W/o Dr. Aman Resident of South Ramna Road, Ara, Police
Station-Nawada, District-Bhojpur.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secreary, Department of
Health, Bihar, Patna.
2. The Additional Chief Secretary, Department of Health, Bihar, Patna.
3. The Additional Director-Cum-Joint Secretary, Department of Health, Bihar,
Patna.
4. The Deputy Secretary, Department of Health, Bihar, Patna.
5. The Regional Dy. Director, Department of Health, Patna Division, Patna.
6. The Chief Surgeon-Cum-Chief Medical Officer, Bhojpur, Ara.
7. The Incharge, Medical Officer, Primary Health Centre, Sadar Bhojpur, Ara.
8. The Director General, Bihar Institute of Public Administration and Rural
Development Department, Bihar, Patna.
9. The Dy. Director-Cum-Co-Ordinator, Bihar Institute of Public
Administration and Rural Development (BIPARD), Gaya.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dharmesh Kumar, Adv.
For the Respondent/s : Mr.Standing Counsel 25
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 02-02-2026 Heard Learned Counsel for the petitioner and
Learned Counsel for the State.
2. Learned Counsel for the petitioner submits that the
present writ petition has been filed for quashing the Notification
No1708(9) dated 27.11.2023 issued by Joint Secretary, Health
Government of Bihar by which her suspension was revoked, but
she was directed to join different place of posting which was far
away from the earlier posting.
Patna High Court CWJC No.381 of 2024(4) dt.02-02-2026
2/3
3. Counsel for the petitioner further submits that the
petitioner’s husband is posted in Government of Bihar and due
to this reason, she has requested for posting of both husband and
wife at the same place in the light of Circular of Government of
Bihar.
4. Upon the specific query of the Court that whether
the petitioner had complied the order of transfer (Annexure-8)
and joined the same or not?
5. In reply, counsel for the petitioner submits that the
petitioner had complied the order of transfer, which is under
challenge dated 27.11.2023. He further submits that it is due to
this reason, an I.A. No.01 of 2024 has been filed for amendment
of prayer with request that the she may be transferred/posted at
place nearby Sadar Hospital, Ara as her husband is posted as a
Medical Officer there, in the light of Department of Personnel
Training (DoPT) Guidelines.
6. In the light of the submissions made that the order
dated 27.11.2023 has already been complied with. As such, the
present I.A. becomes infructuous and hence, dismissed. There is
no need of passing any order on the I.A. No.01 of 2024.
7. However, the present writ petition is hereby
disposed of, granting liberty to the petitioner that for the
Patna High Court CWJC No.381 of 2024(4) dt.02-02-2026
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purpose of her transfer, the petitioner may file a fresh
representation raising all her grievances along with the Circular
of DoPT before the Additional Chief Secretary, Department of
Health, Bihar (respondent No.2) within 30 days along with this
order and the respondent No.2 shall consider the case of the
petitioner in the light of the Government Circular
sympathetically, if there is no Administrative hurdle, the DoPT
Guidelines shall be complied within 90 days after receiving the
same.
8. With the aforesaid directions and observations, the
present writ application stands disposed off.
(Dr. Anshuman, J)
Prakashmani/-
U
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