Nandkishor Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9644 of 2020 ====================================================== Nandkishor Prasad S/o Late Ramji Prasad Resident of Village and PostDharampur, Sathi, P.S.-Sathi, District-West Champaran-8455449. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Old secretariat, Patna, Bihar 2.

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

The Director in Chief, Health Service, Bihar, Patna. 4.

The Director, (Joint Secretary Level) Health Service, Bihar, Patna. 5.

The Additional Director, Health Service, Bihar, Patna. 6.

The Divisional Commissioner, Tirhut Division, Muzaffarpur. 7.

The Regional Additional Director, Health, Tirhut Division, Muzaffarpur. 8.

The Deputy Secretary, Health Service, Bihar, Vikash Bhawan, New Secretariat, Patna.

9.

The District Magistrate, West Champaran, Bettiah. 10.

The Civil Surgeon Cum Chief Medical Officer, Bettiah, West Champaran. 11.

Medical Officer-Incharge, Primary Health Centre, Gaunaha, West Champaran, Bettiah.

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

For the Petitioner/s :

Ms. Vagisha Pragya Vacaknavi, Advocate Ms. Ankita Roy, Advocate For the State :

Mr. Kamlesh Kishore, AC to SC- 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2.

Vide order dated 26-09-2020, bearing Memo No. 1319, as contained in Annexure- P/6 to the IA No. 01/2021, petitioner has been visited with penalty of stopping of two annual increments. Petitioner has assailed the same before

Patna High Court CWJC No.9644 of 2020(3) dt.01-09-2023 2/2 Appellate Authority; the Regional Additional Director, Health, Tirhut Division, Muzaffarpur (respondent No. 7). 3.

It is submitted by the petitioner's counsel that other similarly situated as the petitioner arising out of the same alleged misconduct, which was earlier awarded to them, have been recalled. It is also submitted that these developments have been placed before the Appellate Authority in the petitioner's appeal.

4.

The matter is pending before the Appellate Authority, and therefore, the petitioner will pursue the matter before respondent No. 7, claiming benefit akin to other similarly situated person/s.

5.

With liberty as prayed for and without expressing any opinion on the merits of the case, writ petition is disposed of.

(Madhuresh Prasad, J) Raj kishore/- U