IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6323 of 2010 KRISHNA BALLABH GRAM VIKASH PARISHAD THROUGH ITS JOINT SECRETARY, RAMAKANT SINGH, S/O LATE RAJENDRA SINGH, R/O VILLAGE – SHEKHPURA, P.O. NANDLALABAD, DISTT. PATNA …….. ………………………………………………… PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, BIHAR, PATNA, 2. THE INSPECTOR GENERAL OF PRISON, GOVT. OF BIHAR, PATNA, 3. THE DEPUTY INSPECTOR GENERAL OF PRISONS, GOVT. OF BIHAR, PATNA, 4. THE DEPUTY SECRETARY, THE DEPARTMENT OF HOME (SPECIAL), BIHAR, PATNA AND 5. DR. RAJA RAM PRASAD, MEDICAL OFFICER, ADARSH CENTRAL JAIL, BEUR, PATNA ………. RESPONDENTS. ----------- For the Petitioner: Mr. Devendra Kumar Singh and Mr. Abhay Kr. Shambhu, Advocates. For the State: Mr. Rakesh Kumar Singh. ----------- 2. 13.04.2010. The petitioner, who has assumed the role of a social activist, describing himself as the Joint Secretary of Krishna Ballabh Gram Vikash Parishad, has challenged the order dated 10.03.2010, contained in Annexure-4, whereby one Medical Officer, namely, Dr. Rajaram Prasad has been asked to visit the Adarsh Central Jail, Beur, Patna for two days for discharging his duties from his present place of posting, i.e., Mandal Jail, Jehanabad, though the policy decision of the State Government postulates that an 2 Officer has to be at a particular place for a period of three years and the said Medical Officer by the order dated 11.11.2009 was transferred from the Mandal Jail, Phulwarisharif to the Mandal Jail, Jehanabad. Having heard Mr. Devendra Kumar Singh, learned counsel for the petitioner at length, we are of the considered opinion such an issue does not come in the realm of Public Interest Litigation as it pertains to transfer of a Medical Officer on administrative ground which is fundamentally a facet of service jurisprudence and, that too, in the compartment of incidence of service. We may only note such kind of social activists must refrain themselves from coming to the Court by way of Public Interest Litigation to agitate such grievances with which the public is remotely connected. We can understand, if there is no Medical Officer in a particular locality or a Jail, but to challenge an order of a Medical Officer, who has been asked to come for two days to a Central Jail to render medical help can ever be construed or regarded as Public Interest Litigation. Not for nothing, it has been said, restraint on certain issues is a part of 3 wisdom and the petitioner by filing this writ petition, we can only say, has ostracized the wisdom or, to put it differently, has thrown his wisdom to the Bay of Bengal. In the result, the writ petition, being devoid of merit, stands dismissed in limine. Ordinarily, we would have proceeded to impose exemplary costs, but as we have stated that he should adhere to the principle of restraint in future, we have refrained from imposing costs. Dilip ( Dipak Misra, C.J. ) ( Mihir Kumar Jha, J. )