Dr.Prashuram Yugal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1842 of 2012 ====================================================== Dr.Prashuram Yugal .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Sharma For the Respondent/s : Mr. Ram Balak Mahto Ag ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 22-07-2015 This case has been brought under the heading 'to be mentioned' that somehow the prayer made by the learned counsel for the petitioner in C.W.J.C.No. 4272/2014 was also recorded in this case, whereas a separate order has been passed in this case on 14.7.2015.

Both Mr. Dinu Kumar learned counsel for the petitioner as well as Mr. Rajeeva Roy, learned counsel appearing on behalf of respondent no.4 also have submitted that such order which has been recorded in this case of plain withdrawal in the date of 14.7.2015 is not correct, inasmuch as the writ application was of course dismissed as withdrawn on account of the petitioner joining the transferred place at Bhagalpur but then a liberty was given to the petitioner to agitate his grievance in view of pending representation filed before the Principal Secretary of the Health Department.

Patna High Court CWJC No.1842 of 2012 (5) dt.22-07-2015 This Court, therefore, would substitute the order dated 14.7.2015 in the following terms:

"While this Court is not inclined to interfere with the order of transfer of the petitioner which has already been complied but then nothing said in this order shall come in the way of the petitioner in pursuing his remedy for which he has filed a representation and if such a representation has not been disposed of as yet, the same may be disposed of expeditiously, preferably within a period of four weeks from the date of receipt of this order.

With the aforesaid observation this writ application is dismissed as withdrawn."

(Mihir Kumar Jha, J) surendra/- U