IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10195 of 2001 SURENDRA RAI, S/O LATE MEDANI RAI, R/O VILLAGE AND MOHALLA SHANDILYA NAGAR AGAU, P.S.-BEGUSARAI MUFASSIL, IN THE DISTRICT OF BEGUSARAI, PRESENTLY WORKING AS BASIC HEALTH INSPECTOR, PRIMARY HEALTH CENTRE, MATIHANI, P.S.-MATIHANI IN THE DISTRICT OF BEGUSARAI. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, BEGUSARAI. 3. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, BEGUSARAI. 4. IN-CHARGE, MEDICAL OFFICER, PRIMARY HEALTH CENTRE, MATIHANI, P.S.-MATIHANI IN THE DISTRICT OF BEGUSARAI. 5. SMT. SUMAN KUMARI, W/O SRI SURENDRA RAI, C/O SRI B.D. SINGH, NEW PROFESSOR’S COLONY, REFINERY TOWNSHIP, P.S.-BARAUNI IN THE DISTRICT OF BEGUSARAI. ………………RESPONDENTS. FOR THE PETITIONER : MR. AKHILESHWAR PRASAD SINGH, ADV. FOR THE STATE : MR. NIRMAL KUMAR SINHA, ADV. FOR RESPONDENT NO.5: MR. RAM SUMIRAN SINGH, ADV. ----------- 8 27.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. In this writ application petitioner has challenged an order of the Civil Surgeon-cum- Chief Medical Officer, Begusarai contained in Memo No. 1538 dated 25.07.2001, annexed as Annexure-3 to the writ application, by which the Civil Surgeon-cum-Chief Medical Officer has directed the petitioner to keep his wife (respondent no. 5) and two daughters with him and to make necessary arrangements for their maintenance and education and marriage or to pay half of his salary to his wife for the purpose. - 2 - Learned counsel for the petitioner submits that pursuant to an order passed in a proceeding under Section 125 of the Code of Criminal Procedure, the petitioner is already paying maintenance to respondent no. 5. Moreover, respondent no. 5 has filed a petition under Section 127 of the Cr.P.C. for enhancement of the said maintenance which is still pending before the concerned Family Court. He submits that under no provision of law, the respondent Civil Surgeon-cum-Chief Medical Officer is vested with the power to pass such order against the petitioner. With regard to power of the Civil Surgeon-cum-Chief Medical Officer in this respect specific query was made by this Court to the learned counsel for the State as well as to learned counsel for the respondent no. 5, but they failed to point out any provision of law or any judicial authority to support the legality of the said impugned order. It may be that the respondent Civil Surgeon-cum-Chief Medical Officer passed the order on compassion and sympathy and his action was very benevolent, but the fact remains that - 3 - he lacks jurisdiction to pass such an order. In the circumstances, although on compassion the case of respondent no. 5 may be justified, which has to be decided in accordance with law before the competent authority where the matter is pending, but the order impugned as passed by the respondent Civil Surgeon-cum-Chief Medical Officer has to be held illegal and without jurisdiction which is so held and is hereby quashed. This writ application is accordingly allowed. Arvind/ (J. N. Singh, J.)