Shyamanand Sharma v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14043 of 2018 ====================================================== Shyamanand Sharma S/o Samhut Sharma, Resident of Village- Piro, P.S.- Piro, District- Bhojpur Ara.
... ... Petitioner/s
Versus
1.
The State Of Bihar through the Principal Secretary, Department of Health, Government of Bihar, New Secretariat, Patna 2.
The Project Director, Bihar State AIDS Control Society BSACS Government of Bihar, Patna.
3.
The Director, Health Services, Government of Bihar, New Secretariat, Patna. 4.
The Collector cum District Magistrate, Bhojpur Ara. 5.
The Civil Surgeon Cum Chief Medical Officer, Bhojpur Ara. 6.
The Deputy Development Commissioner, Bhojpur Ara. 7.
The Sub-Divisional Officer Sadar, Bhojpur Ara. 8.
Mr. Sanjeev Kumar, S/o Sri Chandrika Prasad, The Collector cum District Magistrate, Collectors Residents Club Road, Ara Bhojpur Pin- 802301. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Choudhary, Sr. Adv Mr. Uday Pratap Singh, Adv For the Respondent/s :
Mr. Kamlesh Kishore, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-09-2022 Heard learned senior counsel for the petitioner and learned counsel for the respondents.
Learned senior counsel for the petitioner submits that petitioner's contractual services as Data Manager has been terminated. The submission is that the termination is illegal and, therefore, the petitioner has invoked this writ jurisdiction. The Court finds that the agreement and subsequent contractual service agreement dated 31.03.2018 forming the
Patna High Court CWJC No.14043 of 2018(3) dt.26-09-2022 2/2 basis of petitioner's services contains an arbitration clause in clause-13.
In view of there being an arbitration clause, the parties would be at liberty to avail the remedy under the arbitration clause.
Writ application is disposed of with aforesaid observation.
(Madhuresh Prasad, J) SUMIT/- U