Surendra Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4656 of 2013 ===========================================================

1. Surendra Prasad S/O Bindeshwar Prasad Resident Of Mohalla- Hanuman Garhi, P.S- Motihari, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna.

2. The Principal Secretary, Department Of Health, Govt. Of Bihar, Patna.

3. The Addittional Secretary, Department Of Health, Govt. Of Bihar, Patna.

4. The Director- In- Chief, Health Service, Bihar, Patna.

5. The Civil Surgeon- Cum- Chief Medical Officer (The Presenting Officer), West Champaran, Bettiah.

6. The Incharge Medical Officer, Referal Hospital, Lauria, West Champaran.

7. Sri D.K. Raman, State Laprocy Control Officier-Cum- Conduction Officer, Bihar, Patna.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar 1 For the Respondent/s : Mr. Sanjay Kumar S.C. 12 =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 28-01-2015 The petitioner was proceeded against departmentally for having committed financial irregularity. He was placed under suspension. The proceeding ultimately culminated on 28.8.2008 whereby he was inflicted punishment of making good the loss sustained by the government in the sum of Rs. 50,000/-. In other words, recovery of a sum of Rs. 50,000/- from the petitioner was passed. The petitioner defaulted in payment thereof. The State respondents by order dated 19.9.2011 (Annexure-E) directed the petitioner to deposit the said amount within three months. The

Patna High Court CWJC No.4656 of 2013 dt.28-01-2015 aforesaid order was also not complied with. Faced with this situation, the State respondents by order dated 7.3.2012 (Annexure-16) passed an order whereby the petitioner was sought to be placed under suspension again if the amount was not deposited as directed on conclusion of the departmental proceeding and by various orders. Heard the parties.

Counsel for the petitioner has undertaken before this Court to deposit the amount in two equal installments. Let the petitioner deposit the first installment in the sum of Rs. 25,000/- as quickly as possible preferably before 15th of February, 2015 and the remaining amount within 30 days thereafter. If the amount of Rs. 25,000/- is deposited by the petitioner as undertaken before this Court, the order contained in Annexure-16 shall not be given effect to.

The application is disposed of.

(Kishore Kumar Mandal, J) Pankaj/- U