PATNA, India, Sept. 22 -- Patna High Court issued the following judgment on Aug. 22:
The present petition has been filed under Article 226 of the Constitution of India in which the petitioner has prayed for the following reliefs :-
"1. That this petition by way of Public Interest Litigation is being filed for issuance of writ of appropriate nature, order or direction commanding respondents to hold high level enquiry permitting respondent no.6 (sic) posted at Phulparas for last 25 years in exceptions to its transfer and posting of other the Medical officers of he district medical cadre or state health cadre services: as his posting and continuance to one place is not only against policies of the state leading to disappointment in other medical officers and improper encouragement to them to choose ways to retain stagnated posting at place of posting, but also lead deteriorations in medical services and facilities to be provided at govt. Hospitals.
The petitioner also prays for direction to the respondent health department to ensure uniform policy of transfer and posting of Medical Officers of Bihar Health Service Cadre as per tenure fixed for the transfer and posting without undue discriminations or favour.
The petitioner also prays for enquiry of the deteriorating medical facilities at Phulparas Referral Hospital, Phulparas during the period of posting of respondent no. 6 (sic) since patients coming there for even delivery of child are forced to take shelters at the private nursing Home of respondent no. 6 (sic) & ors instead of getting treatment in the Hospital. The medical services to be provided at Phulparas Referral Hospital Phulparas, district Madhubani has deteriorated as people approaching this Hospital do not get proper medical facility of investigation and medicines and they are forced either to take services at Private Nursing Centers or go to DMCH Darbhanga. On numerous occasions people have raised protest against poor medical facility and activities of respdt no.6 (sic)."
2. Heard Mr. Ravindra Kumar, learned counsel assisted by Mr. Sudhir Kumar Raj, learned counsel for the petitioner, Mr. Vikas Kumar, learned counsel for the State and Ms. Smriti Singh, learned counsel for the respondent No.7.
3. Learned counsel for the petitioner submits that the present petition has been filed by way of Public Interest Litigation. In fact, the petitioner is a social worker and he has no direct or indirect personal interest with the transfer or posting of any other individual doctor. Learned counsel further referred the averments made in the memo of petition and, thereafter, submitted that the State of Bihar does not follow the transfer policy in the case of respondent No. 7. It has been contended that the respondent No. 7 is posted at Phulparas Sub-Divisional Hospital/Referral Hospital, District- Madhubani for about last 25 years. It is contended that against the policy of the State Government, the respondent No. 7 continued at the said place. It is further submitted that the respondent No. 7 is redirecting the patients who are coming in the Sub-Divisional Hospital for treatment to privately run medical clinics situated in the surroundings of the hospital. During the last 5 years, the number of patients referred to DMCH, Darbhanga has increased. It is also stated that the patients are also being shifted to his private clinic for treatment. Learned counsel further submits that appropriate directions be issued to the respondents to transfer the respondent No. 7 from the place in question and necessary enquiry be initiated. However, at this stage, learned counsel submits that now, after filing of the present petition, the concerned respondent authority has constituted a Two-Man Committee and the said Committee has submitted the report on 06.06.2025.
The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MTUjNTc4NCMyMDI1IzEjTg==-EQ8wAQVje78=
Disclaimer: Curated by HT Syndication.
