DR. RAMAN KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr.Madhumay Madhup along with Mr. Anand Kumar Tiwari and Mr. Nishikant, learned counsel appearing on behalf of the petitioner and learned SC 21 for the State.

(2.) Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:-

(3.) Learned counsel appearing on behalf of the petitioner straight away refers to communication contained in Memo No.411(3) dtd. 20/6/2023, by which the Deputy Secretary, Health Department has directed the Civil Surgeon- cum-Chief Medical Officer, Sheohar to consider the case of Dr. Kamlesh Kumar Kamal, who was posted as Medical Officer, Additional Primary Health Centre, Shalimpur and upon his complaint (Complaint No.8260120032308367), on 9/6/2023 and 21/4/2023 orders have been passed that the petitioner is senior to Dr. Kamlesh Kumar Kamal and action is required to be taken in accordance with departmental order No.1091(3) dtd. 21/12/2021 and letter No.96(3) dtd. 9/3/2022. At the same time, petitioner has drawn attention of this Court towards letter in letter no.52 dtd. 22/8/2024, by which Member of Parliament has requested the Civil Surgeon, Sheohar to take appropriate action against the petitioner, who was posted for last 15 years at the same Primary Health Centre. In compliance of the complaint made by the Member of Parliament, learned counsel submitted that without following the due process of law, the petitioner has been demoted and has been posted in the same Primary Health Centre as Medical Officer vide Memo No.- 532 dtd. 24/8/2024 and Dr. Kamlesh Kumar Kamal, who is Junior to the petitioner has been posted as In-charge Medical Officer- cum-Drawing and Disbursing Officer. Learned counsel further submitted that the order is not only derogatory and demoralizing to the petitioner but at the same time, it is against the service condition rules, as well as, it is punitive in nature as without following the due process of law, the petitioner has been penalized to work under his junior.