Prashant Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 8069 of 2015 ====================================================== Prashant Kumar S/o Parameshwar Harijan Resident of Village Daliya, Post Office + Police Station + Block Baunsi, District Banka. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Secretary, State Health Society, Government of Bihar, Patna 2.

The Secretary Department of Health cum Executive Director, the State Health Society, Government of 3.

The District Health Society Bhagalpur through its Chairman cum District Magistrate, Bhagalpur.

4.

District Magistrate, Bhagalpur.

5.

The Chief Medical Officer cum the Civil Surgeon cum Member Secretary, District Health Society, Bhagalpur 6.

Dr Basudev Prasad Mandal, Medical Officer cum Deputy Superintendent, Sub Divisional Hospital, Naugachhia, District - Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Choudhary Shyam Nandan, Advocate For the Respondent/s :

M Narendra Kumar, AC to GP XX ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and the respondent-State.

Petitioner was working as Hospital Manager on contractual basis. It is submitted that the services of the petitioner have been terminated by assigning reason that he failed to perform certain duties, for which the petitioner did not owe any responsibility having regard to the nature of his job. The submission of the petitioner, however, has to be looked into by the Appellate Authority as the petitioner has

Patna High Court CWJC No.8069 of 2015(2) dt.17-07-2019 2/2 already availed the remedy of appeal before the Appellate Authority. The appeal of the petitioner is Annexure 14 to the writ petition.

Counter affidavit discloses that for decision on the petitioner's appeal, various correspondences have been made between the Authorities for ensuring that the documents and concerned Authorities are before the Appellate Authority when the appeal of the petitioner is decided. However, till date, there has been no decision on the appeal filed by the petitioner. Pendency of the appeal for such a long period demonstrates, to say the least, total indifferent attitude of the Authorities.

In the circumstance, this Court would dispose of this application with a direction to the Appellate Authority (respondent No 2) to dispose of the petitioner's appeal, after considering his submissions, by a reasoned and speaking order in accordance with law within a period of three months from the date of receipt/production of a copy of this order. (Madhuresh Prasad, J) M.E.H./- U