Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2103 of 2025 ====================================================== Ashutosh Kumar Son of Late Chandeshwar Prasad Singh, Resident of Village- Khapura, P.S. Paliganj, District- Patna, at present posted as Clerk, Community Health Centre, Udwantnagar, P.S. Udwantnagar, DistrictBhojpur. ... ... Petitioner/s

Versus

1.

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

2.

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

The Director-in-Chief (Administration), Health Services, Bihar, Patna. 4.

The Civil Surgeon cum Chief Medical Officer, Bhojpur, Ara. 5.

The Medical Officer, Udwantnagar Community Health Centre, P.S. Udwantnagar, District- Bhojpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyapal Singh, Adv.

For the Respondent/s :

Ms.Binita Singh, SC-28 Mr.Kumaresh Singh, AC to SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 10-02-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. At the outset learned counsel for the petitioner submits that initially the petitioner was suspended on 21.12.2017, subsequently, his suspension has been revoked by order dated 31.12.2021 (Annexure 'P/1') by respondent no. 4. In the light of the order passed by respondent no. 4, the petitioner is entitled to get entire salary for the period of suspension for which he repeatedly made his representation before the respondent but it has not been decided yet. Therefore, it is

Patna High Court CWJC No.2103 of 2025(2) dt.10-02-2025 2/2 prayed by learned counsel for the petitioner that this petition may be disposed of directing the respondent no. 4 to consider and decide the pending representation of the petitioner dated 10.05.2023 which is annexed as Annexure 'P/2'.

3. Learned counsel for the State opposes the argument made by learned counsel for the petitioner and submits that vide order dated 31.12.2021 (Annexure 'P/1') only suspension of the petitioner has been revoked, however, he agreed that if the Court directs the pending representation of the petitioner will be decided by the authority i.e. respondent no. 4 within eight weeks.

4. On the basis of the submission made by both the counsel, the petition is disposed of and respondent no. 4 is directed to consider and decide the pending representation dated 10.05.2023 (Annexure 'P/2') within eight weeks from today in accordance with relevant rules and law and pass a reasoned order.

5. This petition is, accordingly, disposed of. (Arvind Singh Chandel , J) tusharika/- U