IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3115 of 2011 DR.BAIDYANATH THAKUR, SON OF LATE NATHUNI THAKUR, RESIDENT OF VILLAGE NARKATIYA, P.S. RAJ NAGAR, DISTRICT MADHUBANI, PRESENTLY POSTED AS INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, VIDYAPATI NAGAR, SAMASTIPUR. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 2. THE DIRECTOR, HEALTH SERVICES, BIHAR, PATNA. 3. THE REGIONAL DEPUTY DIRECTOR, HEALTH SERVICES, DARBHANGA DIVISION, DARBHANGA. 4. THE DISTRICT MAGISTRATE, SAMASTIPUR. 5. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, SAMASTIPUR. 6. DR. VIJAY KUMAR SAHA, MEDICAL OFFICER, PRIMARY HEALTH CENTRE VIDYAPATI NAGAR, SAMASTIPUR. ------------------------------------------------------------------------------------------------ RESPONDENTS ******* 3 23.3.2011 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is aggrieved by Annexure 4 issued by the District Magistrate, Samastipur ordering the Civil Surgeon- cum-Chief Medical Officer, Samastipur to post some other person as Incharge of the Primary Health Centre, Vidyapati Nagar and Annexure 4/1, which has been issued by the Civil Surgeon-cum- Chief Medical Officer, Samastipur in compliance of the order of the District Magistrate, Samastipur. By Annexure 4/1 one Vijay Kumar Saha was posted as the Incharge, Primary Health Centre, Vidyapati Nagar. The District Magistrate inspected the Primary Health Centre, Vidyapati Nagar and found that petitioner has not carried out the schemes of the Health and Family Welfare, Government of Bihar. The petitioner was asked to explain his actions and the 2 shabby manner in which the health centre was functioning. It is mentioned in Annexure-4 that the petitioner had filed his reply by stating that he was not aware of the visit of the District Magistrate. I would not like to pass any comment regarding the findings of the District Magistrate or allegations that are levelled against the petitioner, except to say the explanation of the petitioner is rather weak. It has also been stated in the counter affidavit that the Civil Surgeon-cum-Chief Medical Officer, Samastipur has prepared a memo of charges and forwarded them to the Secretary of the Department for the purposes of starting departmental proceeding against the petitioner. In view of the aforesaid fact that a departmental proceeding is likely to be initiated against the petitioner, I leave it to the authorities to deal with the matter. In case departmental proceeding is initiated, consequential order of posting should be made by the Civil Surgeon-cum-Chief Medical Officer, Samastipur. In case the department does not wish to proceed departmentally against the petitioner in that case also appropriate orders of posting should be made with respect to the petitioner, as he cannot be kept under the clout if there is no departmental proceeding. This writ application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)