High CourtsDivision Bench

Abhishek Dwibedi vs State Of Bihar And Ors

Patna High Court · Decided on 7 December 2020 · Citation: (2020) 12 PAT CK 0295

HON’BLE JUDGES
Sanjay Karol, CJ · S. Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 24343 Of 2018

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Judgment

22 paragraphs · 345 words

Heard learned counsel for the parties.

Petitioner has prayed for the following relief:-

(i) for appropriate direction/command upon the respondents to declare the Medical Services as an emergency service in order to ensure zero

interruption in health facilities provided by the state Government to the subject of the State,

(ii) for appropriate direction/command upon the respondents to adopt/install modern and latest scientific method/equipments to monitor and to keep

vigilance over the medical staffs including the doctors at their respective working place and to ensure punctuality at their respective jobs/duties,

(iii) for appropriate direction/command upon the respondents concerned restraining from calling doctors' strike or stop working at Government

Hospitals/ Primary Health Centers, etc. Further, if aggrieved, to mark their proper symbolically such as putting on black ribbon, etc. but not to interrupt

the medical services by abstaining from duties enjoined.

(iv) for declaring the call for strike by the doctors or abstaining from the duties by the medical staffs including the doctors illegal, unethical and

violative of rights of the subject of State,

(v) for direction upon the State Government to ensure proper and effective vigilance over the medical staffs including the doctors and restrain from

private practice during duty hours.

After the matter was heard for sometime, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the

respondent no. 3, Principal Secretary, Department of Health to consider and decide the representation with respect to issues raised in such

representation.

Learned counsel for the respondent states that if such representation is filed before the respondent no. 3 Principal Secretary, Department of Health,

Bihar, Patna, same shall considered and decided within a period of two months from the date of receipt of such representation in accordance with

law.

Equally liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

Liberty reserved to petitioner to approach the court, if the need so arises subsequently on the same and subsequent cause of action.

The writ petition is accordingly, disposed of.