Dismissed

Dr. Brijendra Kumar Singh v. Chief Secretary Uttar Pradesh Government and 4 Others

Allahabad HC10 Sept 2018WRIA/19184/2018

Case brief

AI extract

What is this about?

A writ petition challenging District Health Society meeting proceedings was dismissed for being frivolous due to wholly vague allegations regarding unauthorized presence, violation of rules, and lack of specific reference to illegal decisions.

What did the court decide?

Writ petition dismissed with costs of Rs. 5,000/- imposed on the petitioner.

Dr. Brijendra Kumar Singh Vs Chief Secretary… — Writ and Judicial Review | Allahabad HC (2018)

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Court No. - 39

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Case :- WRIT - A No. - 19184 of 2018

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Petitioner :- Dr. Brijendra Kumar Singh Respondent :- Chief Secretary Uttar Pradesh Government And 4 Others Counsel for Petitioner :- Siddharth Singh Counsel for Respondent :- C.S.C.

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Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.

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Heard Smt. Neeraj Shaiwal, learned counsel for the petitioner and Sri Mata Prasad, learned Standing Counsel for the State-Respondents.

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This writ petition has been filed with the following prayer:

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"1. Writ, order or direction in the nature of mandamus commanding the respondent No.3 & 4 to follow the law of procedure & nature in meeting of the District Health Society (D.H.S.) those will be conduct in coming next months.

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"2. Issue a writ, order or direction in the nature of mandamus commanding the respondents no.1 & 2 to take appropriate action against respondent no.3, 4 & 5 for not fallow law knowingly & intestinally in conducting meeting of D.H.S.

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3. Issue a certiorari writ, order, direction or other suitable writ to quash the decision & proceeding of D.H.S. (G.B.) meeting dated 24.05.2018 which were taken illegally & without jurisdiction."

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The proceedings of the meeting of the District Health Society, Kaushambi dated 24th May, 2018 have been enclosed at page 14 of the writ petition, which disclose that various decisions have been taken in the said meeting and only one Item of the meeting at Sl.No. 20 reveals that a recommendation has been made by the Society for stoppage of salary of the Additional Chief Medical Officer (N.C.D. Cell) for being not present in the meeting without permission. Nowhere in the writ petition has it been disclosed that whether this recommendation has been acted upon. Further the rest of the Resolutions made in the meeting towards the objectives of the District Health System for which the petitioner cannot be said to be affected person. Moreover, the contention made in the writ petition particularly paragraphs 4, 7, 8 & 9 are completely vague.

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In paragraph 7 of the writ petition it is stated that the unauthorised persons are called intentionally in every meeting. Who are those unauthorised persons has not been disclosed in the writ petition. In paragraph 8 of the writ petition it is stated that large number of non-members are made to sit with the members. Who are those nonmembers has also not been disclosed. There is an

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allegation of the violation of the Rules of the Society. Which particular Rules of the Society have been violated nothing has been stated. In paragraph 9 of the writ petition it is stated that unauthorised members took part in the business meeting held on 24.05.2018 and many decisions of minutes were taken. In what way the decision was illegal and which particular decision among the several recommendations made by the Committee were illegal nothing has been mentioned in the writ petition.

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This is a frivolous writ petition filed with wholly vague allegations. We therefore dismiss the writ petition with cost of Rs.5,000/- on the petitioner.

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The amount of Rs.5000/- shall be deposited by the petitioner with the Registrar General of the Allahabad High Court within one month from today. If the same is not so deposited the Registrar General shall take steps for recovery of the same from the petitioner in accordance with law as arrears of land revenue. The amount so deposited shall then be transmitted to the High Court Legal Aid Services.

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Let a copy of this order be placed before the Registrar General of this Court for information.

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Order Date :- 10.9.2018 N Tiwari

Dr. Brijendra Kumar Singh v. Chief Secretary Uttar Pradesh Government and 4 Others

Case brief

What is this about?

What did the court decide?

Dr. Brijendra Kumar Singh v. Chief Secretary Uttar Pradesh Government and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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