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Patna High CourtCWJC/5597/2019disposed

Anjani Kumar Singh v. The State Of Bihar And ORS

2020-09-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5597 of 2019 ====================================================== Anjani Kumar Singh S/o Shiva Charan Singh Resident of Flat No.201, Ranjan Place Apartment, Magistrate Colony, P.S. Rajiv Nagar, District- Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar through Principal Secretary, Health Dept. Govt. of Bihar, Patna 2.

The Director General ESIC Head Quarter, Panchdeep Bhawan, C.I.G. Marg, New Delhi- 110002 3.

The Addl. Director, Admin, ESIC Model Hospital, Phulwarisharif, Patna 4.

The Addl. Director Finance, ESIC Model Hospital, Phulwarisharif, Patna 5.

The Medical Superintendent, ESIC Model Hospital, Phulwarisharif, Patna 6.

The Union of India through the Director General, ESIC Head Quarter, Panchdeep Bhawan, C.I.G. Marg New Delhi- 110002 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saroj Kumar Singh, Adv.

For the State :

Mr.Mujtabul Haque (GP12) For the ESIC : Dr. Anshuman, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-09-2020 Heard Mr. Saroj Kumar Singh, learned counsel for the petitioner, Mr. Mujtabul Haque, learned G.P.12 and Dr. Anshuman, learned counsel for the E.S.I.C. through Video Conferencing.

The E.S.I.C.-respondent Nos.2 to 5 raised preliminary objection with regard to the maintainability of this case. It is submitted that the E.S.I.C. has been notified as a department of Union of India and in view of Section 14 of Central Administrative Tribunal Act, the Central Administrative Tribunal, Patna has got jurisdiction. The High Court is the

Patna High Court CWJC No.5597 of 2019(6) dt.16-09-2020 2/2 appellate authority against the order of the Central Administrative Tribunal.

In this view of the fact, I dispose of this writ petition with liberty to the petitioner to present the petition before the Central Administrative Tribunal, Patna for redressal of his grievance within one month.

Accordingly, this writ petition stands disposed of with the aforesaid direction.

(Prabhat Kumar Jha, J) Saurabh/- U