Dr. Md. Zaheer @ Md. Zaheer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6450 of 2020 ====================================================== Dr. Md. Zaheer @ Md. Zaheer Son of Shekh Mohammad Sayeed Resident of Station Road, Near Bazar Samiti, Banjariya, P.S.- Town Motihari, DistrictEast Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar Through Principal Secretary, Health Department, Government of Bihar.

2.

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

The District Magistrate cum President District Health Committee, West Champaran at Bettiah, District- West Champaran. 4.

The Civil Surgeon Cum Chief Medical Officer West Champaran at Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Respondent/s :

Mr. Rajeshwar Singh (GA 10) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 17-12-2021 This matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 Pandemic.

Heard learned counsels for respective parties. In the instant petition, petitioner has prayed for the following reliefs:- "(i) For issuance of a writ in the nature of Certiorari to No. 261(9) dated 09.02.2012 No. quash Memo the (Annexure-5) issued under signature of the Health Department, Additional Secretary, Government of Bihar, Patna (Petitioner no. 2). Whereby and where under the petitioner re-suspended under Rule 9 (2)(K) of Bihar Government

Patna High Court CWJC No.6450 of 2020 dt.17-12-2021 2/2 Employee (Classification control and Appeal) Rule 2005.

(ii) For issuance of a writ in the nature of mandamus directing and commanding the respondents vacate the suspension of the petitioner and pay full salary which has dues with the suitable interest till date.

(iii) To grant any other relief/reliefs, order/orders for which the petitioner is entitle under law as well as on fact."

During pendency of the present petition it is learnt that inquiry was concluded in imposition of penalty and petitioner intends to challenge such order.

The concerned respondent is hereby directed to regulate the suspension period in accordance with law within a period of three months from the date of receipt of this order. The petitioner is at liberty to question the validity of penalty order in filing a fresh petition since cause of action accrued during pendency of the present petition. With the aforesaid observations, the present writ petition stands disposed off.

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