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High CourtsDivision Bench(1991) 12 PAT CK 0040

Nutan Verma vs The State of Bihar and Others

Patna High Court · Decided on 11 December 1991 · Citation: (1992) 1 PLJR 494

HON’BLE JUDGES
B.C. Basak, C.J · N. Roy, J
CASE NUMBER
C.W.J.C. No. 2681 of 1991

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Judgment

6 paragraphs · 360 words
1.

Heard the counsel for the parties.

2.

It is unfortunate that this kind of case involving a lady officer employed in the Health department and involving the Circle Officer, Bero, in the district of Ranchi has to be dragged to this Court. Had the Deputy Commissioner, Ranchi, intervened in this matter and taken appropriate steps in time, this matter would not have been dragged to the Court. There is nothing before us to show that Deputy Commissioner has taken any steps in this regard.

3.

The Petitioner is a second Medical Officer attached to the Primary Health Centre at Bero in the district of Ranchi. It appears that she has not been allotted any quarters which is due to her though she has to attend, if necessary, the Centre at night also. However, we need not go into further details in the matter.

4.

Having heard learned Advocate General we direct that the Petitioner is to be given the quarters, now occupied by the Circle Officer, Bero and the Deputy Commissioner shall be entitled to take all necessary steps for accommodating the Circle Officer at any Government quarter as he thinks fit and for that reason he may take steps in accordance with law. Such possession of the Quarter occupied by the Circle Officer, Bero, is to be given to the Petitioner by 1st January, 1992.

5.

Learned Advocate General has complained that there are many Medical Officers who are neither occupying the quarters allotted to them nor performing any duties allotted to them. We do not see any reason why appropriate authority has not taken any steps against such Medical Officers. It is not necessary to give any liberty to the authority concerned to take any action against them because it is not only their right but also their duty to taka such action against any erring Medical Officer. We only make it clear that this order will not prevent the authority concerned to take any step, for evicting any person who is in unauthorised occupation of any Government quarter or quarters of the Community Development department in accordance with law.

6.

This application is accordingly disposed of.