IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.8681 of 2011 Shyam Shankar, s/o late Nageshwar Prasad, r/o Baruna, P.S Fatuha, District- Patna ………… Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna. 2. The Secretary, Department of Health, Government of Bihar, Patna. 3. The Director-in-chief, Health Services, Bihar, Patna. 4. Regional Deputy Director, Health Services, Patna Division, Patna. 5. Civil Surgeon-cum-Chief Medical Officer, Patna. 6. Sri Rameshwar Singh, Clerk, Office of the Civil Surgeon- cum- Chief Medical Officer, presently posted on transfer in Primary Health Centre, Barh, District- Patna. …………….. Respondents ---------------------------------- For the petitioner: Mr. Sandeep Kumar, Advocate Mr. Sanjeet Kumar Singh, Advocate For the State: Mr. Baidya Nath Thakur, A.C. to S.C.4 --------------- 3. 21.11.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has approached this Court for quashing the order dated 30.4.2011 passed by the Civil Surgeon-cum-Chief Medical Officer, Patna, by which he has been transferred from the office of the Civil Surgeon, Patna to the Additional Primary Health Centre, Barah (Bikram). During the pendency of the writ application the impugned order dated 30.4.2011 was cancelled by the 2 order dated 12.9.2011 passed by the Regional Deputy Dorector, Health Services, Patna. On the last occasion by filing an interlocutory application, the petitioner had raised a grievance against the action of the Civil Surgeon that vide his order dated 14.9.2011 the petitioner was not allowed to join. In the counter affidavit filed on behalf of the Civil Surgeon-cum-Chief Medical Officer, Patna it is stated that he has subsequently issued an office order dated 16.11.2011 (Annexure-A), by which he has directed the petitioner to join in his office within 24 hours stating that in terms of the letter dated 15.11.2011 of the Director- in-Chief, Health Services, the present order would be subject to the result of the enquiry being conducted by the Regional Deputy Director of Health Services. In the aforesaid circumstances, the writ application appears to have become infructuous. It is, accordingly, dismissed as infructuous. However, learned counsel for the petitioner submits that as per the said letter the joining of the petitioner in the office of the Civil Surgeon has been made conditional upon the said enquiry. It goes without saying 3 that if any further action is taken against the petitioner, the same would be a fresh cause of action entitling the petitioner to challenge the same in appropriate proceedings. VPS ( Ramesh Kumar Datta, J.)