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Patna High CourtCWJC/4334/2011dismissed

Ashok Kumar Sah v. The State Of Bihar And ORS

2018-01-18Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4334 of 2011 =========================================================== Ashok Kumar Sah S/O Sri Ramadhar Sah A Resident Of Vill.-Bagwan, P.O.- Bnagwan, P.S.-Garhani, Dist.-Bhojpur .... .... Petitioner

Versus

1. The State Of Bihar Thropugh The Principal Secretary, To Govt. Of Bihar In The Department Of Health, Patna

2. The Director In Chief, Health Services, Bihar, Patna

3. The Civil Surgeon, Aurangabad

4. The Superintendent, T.B. Hospital, Koilwar, Bhojpur .... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. Awadh Bihari Ojha, Sr. Advocate Mr. Bharat Bhushan, Advocate Mr. Anand Vardhan, Advocate Mr. Nitesh Kumar, Advocate For the Respondents :

Mrs. Binita Singh, S.C.-28 Mr. Vivek Anand Amitesh, A.C. to S.C.28 =========================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT Date: 18-01-2018 Heard learned senior counsel for the petitioner and learned counsel for the State.

Pursuant to the order and direction of this Court, the case of the petitioner was duly considered by a Three Men Committee. The Committee found that his engagement itself was illegal as there was neither any vacancy nor he was appointed by the competent authority and there was no compliance with the procedure established by law. The petitioner was removed in the year 1995 and finally in the year 2002 as has been submitted by learned senior counsel representing the petitioner.

Patna High Court CWJC No.4334 of 2011 dt.18-01-2018 In view of the reasons assigned by the Three Men Committee, this Court does not find it a fit case to interfere in its writ jurisdiction.

This application has no merit. It is, accordingly, dismissed.

(Rajeev Ranjan Prasad, J.) Rajeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.01.2018 Transmission Date NA