Dr. Uma Shankar Madhup v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.306 of 2019 ====================================================== Dr. Uma Shankar Madhup Son of Sri Devnandan Ram R/V- Rajiv Nagar, Goshala Road, Siwan, Distt. Siwan.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna.

2.

The Principal Secretary, Health Department, Government of Bihar, Patna. 3.

The Additional Secretary, health Department, Government of Bihar, Patna. 4.

The Under Secretary, health Department, Government of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Respondent/s :

Mr.Birju Prasad -Gp13 Mr. Ashok Kumar, Ac To GP 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-07-2019 Petitioner's Counsel submits that the order of punishment dated 7.12.2016 is in gross violation of the procedure prescribed under Rule 18(2) of the Bihar CCA Rules 2005, inasmuch as no reasons have been assigned for differing with the findings of the Enquiry Officer. He submits that he has submitted his application before the authorities vide Annexures 9 and 10. The application is under Rule 24(2) of the Bihar CCA Rules 2005.

The authorities are therefore under legal obligation to consider the same and dispose it of by a reasoned and speaking order in accordance with law.

The writ petition is disposed of with a direction to

Patna High Court CWJC No.306 of 2019(2) dt.04-07-2019 2/2 respondent No. 2 to take a final decision on the memorial of the petitioner filed under Rule 24(2) of the Bihar CCA Rules 2005, expeditiously, without any undue delay by a reasoned and speaking order in accordance with law.

(Madhuresh Prasad, J) SNkumar/- U