Kumar Amit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2798 of 2023 ====================================================== Kumar Amit Son of Late Kamini Jha, Resident of Mohalla- Purwari Tola Madhurapur Ward No-13, Police Station- Madhurapur, District- Begusarai. ... ... Petitioner/s

Versus

1.

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

2.

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

The Joint Secretary, Health Department, Cum General Director (Ayush), Health Department, Bihar, Patna.

4.

The Incharge District Indigenous Medical Officer, Joint Hospital, Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Upadhyay, Advocate For the State :

Mr. Manoj Kumar, AC to SC- 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-09-2023 1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

It is not in dispute that the petitioner has been proceeded against by a charge memo dated 02-12-2020 (Annexure- 2). He has approached this Court, being aggrieved by non payment of subsistence allowance. There is nothing on record to show that the petitioner has made any effort to join in the proceedings.

3.

On the contrary, learned counsel for the State has filed counter affidavit, wherein they have taken specific stand that it is a case of total non-cooperation by the petitioner, who

Patna High Court CWJC No.2798 of 2023(2) dt.22-09-2023 2/2 has remained continuously absent from 01-06-2021. Payments for period prior thereto, have duly been made to the petitioner. 4.

Records reveal that in spite of reminders, he has not participated in the inquiry. These specific averments made in the counter affidavit, copy of which was served in July, 2023, are uncontroverted.

5.

In the circumstances, there is no occasion for this Court to exercise writ jurisdiction under Article 226 of the Constitution of India in favour of the petitioner for issuing any direction for payment.

6.

If the petitioner is able to show with reference to any material before the Authorities that he had, on any date, appeared in the Office or marked his attendance, then there may be occasion for the Authorities to consider such prayer of the petitioner.

7.

Writ petition is accordingly disposed of.

(Madhuresh Prasad, J) Raj Kishore/- U