PRAVIN KISHOR PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. K.N. Choubey, learned senior counsel for the petitioner duly assisted by Mr. Prashant Kumar, learned junior counsel and Mr. Ajay Bihari Sinha, learned G.A.8.

(2.) The petitioner seeks following reliefs:-

(3.) The factual matrix of the case is that the petitioner was posted as Additional Chief Medical Officer, East Champaran, Motihari and he was appointed as Medical Officer In-charge at Harsidhhi Primary Health Centre in terms of the Bihar Epidemic Diseases, COVID-19 Regulation, 2020. On 16/5/2020 the petitioner took samples of four persons, namely, Wazir Alam, Kayamuddin, Manoj Kumar and Lalbabu Mahto for testing COVID-19 infection, out of which three persons were housed at Kanchedwa Inter College and the remaining one, namely, Lalbabu Mahto was housed at his own house as he was living in his house from before. All four persons had complained of a history of fever but were not carrying any symptoms on the day their samples were taken for testing. Accordingly, three persons, who were housed at Kanchedwa Inter College, Motihari returned to the quarantine centre and the 4th person Lababu Mahto, who was also asymptomatic, returned to his house on being quarantined in his own house, was having his oxygen level normal on the day of taking sample on 13/5/2020. On 20/5/2020 the test results of the aforesaid four persons came positive for COVID-19 infection and accordingly, they were instructed to be confined to the Isolation Centre at Motihari but the District Magistrate, East Champaran, Motihari (respondent no.3) vide letter as contained in Memo No.1285/2020 dtd. 22/5/2020 directed the Civil Surgeon, East Champaran, Motihari (respondent no.4) for (i) registration of F.I.R. under relevant provisions of the Disaster Management Act, 2005, the Epidemic Diseases Act, 1897 and Bihar Epidemic Diseases, COVID-19 Regulation, 2020; (ii) replacement of the petitioner as Medical Officer-In-charge within 24 hours; (iii) relieving the petitioner of all his duties and responsibilities as envisaged by the Disaster Management Act, 2005; (iv) reporting at Sub-Divisional Hospital, Chakia, Motihari in the interregnum and (v) initiation of appropriate departmental proceeding within 48 hours against the petitioner for his suspension. In pursuance of the order passed by the District Magistrate, East Champaran, Motihari, the Civil Surgeon, Motihari (respondent no.4) issued Memo No.1844 and 1845 dtd. 23/5/2020 whereby charges were framed against the petitioner for departmental enquiry and he was ordered to hand over the charge and to report to the Sub- Divisional Hospital, Chakia, Motihari in the interregnum.