Abhishek Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16891 of 2015 ====================================================== Abhishek Kumar, son of Ram Kumar Veyogi, At and P.O.-Mathurapur, Sulya Factory Road, P.S.-Warisnagar, District-Samastipur. ... ... Petitioner/s

Versus

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

2. Secretary Health-cum-Executive Director, State Health Society, Bihar, Pariwar Kalyan Bhawan, Sheikhpura, Patna-800014. 3.The Collector, Darbhanga-cum-Chairman, District Health Society, Darbhanga.

4. The Civil Surgeon-cum-Member Secretary, District Health Society, Darbhanga.

5. Incharge Medical Officer, Referral Hospital, Manigachhi, 5 Darbhanga ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Udit Narayan Singh, Adv.

For the State :

Mr.K.Upadhyay, AC to GP-3 For the State Health Society :

Mr.K.K.Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2023

1. The present writ petition has been filed seeking the following relief(s):- "1. That this application is being filed for issuance of an appropriate writ/writs, order/orders or direction/directions for quashing the order issued under Memo No.2556/DHS/14 dated 26.12.2014 by Respondent No.4 i.e. the Civil Surgeon- cum-Member Secretary, District Health Society, Darbhanga whereby and whereunder the Petitioner who was appointed as employee of State Government to the civil post of Family Planning Counselor after being selected

Patna High Court CWJC No.16891 of 2015(2) dt.27-09-2023 2/2 by Respondent No.2, has been removed from his service arbitrarily without following the established procedure of law and without following the principle of natural justice. And further for issuance of appropriate order/orders directing the respondents to consider upon representations filed before Respondent No.3 and 4 respectively for allowing the petitioner to rejoin upon the aforesaid post in the light of provisions of Bihar Service Code and Bihar Government Servants (classification, control and appeal) Rules 2005."

2. At the outset, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are otherwise available under the law, for redressal of his aforesaid grievances. Liberty so sought is granted.

3. The writ petition stands dismissed as not pressed. (Mohit Kumar Shah, J) sonal/- U