Patna High Court
Dr. Jitendra Prasad,versusThe State of Bihar,
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court dismissed the contempt petition, holding that the order had been duly passed and any grievance must be pursued through appropriate legal challenge.
Summary
Dr. Jitendra Prasad filed a petition in the Patna High Court seeking contempt proceedings against several officials of the Bihar Health Department for allegedly refusing to implement a court order dated 26 March 2021 that directed him to join a posting within one month. The petitioner alleged that Respondent No.6, the Civil Surgeon of Siwan, had not accepted his joining, thereby defying the order. The court examined a memorandum showing that the Additional Chief Secretary had earlier decided that a transfer could not be included in the order revoking the petitioner’s suspension. The court held that the order had already been passed and that any remaining grievance could be challenged through appropriate legal remedies, not through contempt. Consequently, the contempt petition (MJC No. 1955 of 2021) was dismissed and the matter disposed.
Issues considered
- Whether the respondents, particularly Respondent No.6, are in contempt for not complying with the court's order dated 26/03/2021 directing the petitioner to join his posting.
- Whether the transfer order can be included in the revocation of suspension as per the memorandum dated 08.08.2020.
Subjects
- contempt of court
- civil writ jurisdiction
- transfer order
- health department
- suspension revocation
- patna high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1955 of 2021
In
Civil Writ Jurisdiction Case No.1467 of 2021
======================================================
Dr. Jitendra Prasad, Son of Sri Rameshwar Prasad, Resident of Aparajita,
Ward No. 28 Bhagwati Colony Chauhatta, Police Station - Hajipur, District -
Vaishali, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar, Health Department, Government of Bihar, Patna.
2. Sri Arvinder Singh, Special Secretary (Ayush) Health Department
Government of Bihar, Patna.
3. Smt. Ranu Kumari, the Under Secretary, Health Department, Government of
Bihar, Patna.
4. Sri Rameshwar, the General Director (Ayush), Health Department, Bihar,
Patna.
5. Dr. Janardan Prasad Sukumar, the Civil Surgeon Cum Chief Medical
Officer, Saran.
6. Dr. Yaduvansh Kumar Sharma, the Civil Surgeon Cum Chief Medical
Officer, Siwan.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Upadhyay, Advocate
For the Opposite Party/s : Mr.Nagendra Prasad Yadav (Sc23)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 12-03-2026 Heard the parties.
2. The present matter has been preferred for :
“initiation of Contempt
Proceeding against the Opposite
Parties, especially Opposite Party
No. 6 for not complying the order of
this Hon'ble Court passed in C.W.J.C.
No. 1467 of 2021 dated 26/03/2021
Patna High Court MJC No.1955 of 2021(3) dt.12-03-2026
2/2
by which Hon'ble Mr. Justice Anil
Kumar Upadhyay has been pleased to
directed the petitioner for joining the
place of posting within the period of
One Months but unfortunately painful
situation is that the Respondent No.6
has not been accept the joining of the
petitioner till date and disobey the
order of this Hon'ble Court.”
3. Show-cause on behalf of the Opposite Party is on
record. Learned State counsel has taken this Court to the Memo
No. 944 dated 08.08.2020 to show that the Additional Chief
Secretary, Health Department already took decision and while
revoking the suspension recorded that in the same order it
cannot include his transfer. In the order of the revocation of
suspension, the transfer order cannot be impleaded.
4. The order has been passed, if the petitioner still has
any grievance he can very well challenge the same, MJC No.
1955 of 2021 is disposed of.
(Rajiv Roy, J)
atul/-
U T
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