The State Of Bihar And ORS v. Hari Charan Bodra

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1883 of 2010 In Civil Writ Jurisdiction Case No. 8862 of 2009 =========================================================

1. The State of Bihar

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

3. The Director-In-Chief, Health Services, Bihar, Patna

4. The Deputy Director, Health Services, Bihar, Patna

5. The Regional Deputy Director of Health, Patna

6. Civil Surgeon Cum Chief Medical Officer, Buxar

7. The In-Charge Medical Officer, Primary Health Centre, Brahampur, Raghunathpur Distt.- Buxar.

.... .... Appellants

Versus

Hari Charan Bodra S/O Late Chhotan Prasad R/O Vill.- Gokhulpur, Police Station- Chandi, District - Nalanda at present residing Mohalla- Ashok Nagar, Police Station Kankarbagh, Distt.- Patna.

.... .... Respondents ========================================================= CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH And HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH)

15. 15-05-2015 Efforts have been made by the State to serve the sole contesting respondent who was the writ petitioner. Notices were sent at the address as noted in the writ petition but the same have been returned unserved. Notices have been sent as per address mentioned in the service book but the same also have been returned. Learned counsel for the State states that he has instructions that the sole respondent being the

Patna High Court LPA No.1883 of 2010 (15) dt.15-05-2015 - 2 - writ petitioner has not rejoined pursuant to the order of the learned Single Judge.

Having considered the matter, in our view, no useful purpose would be served by keeping this Letters Patent Appeal pending for the reasons aforesaid. It appears that over 300 writ petitions were filed by retrenched employees. They were all allowed and directions for reinstatement was issued in most of the cases. Letters Patent Appeals were filed by the State and the common judgment of the learned Single Judge was set aside and the writ petitions were ordered to be dismissed. There is nothing to distinguish this case from the rest.

Accordingly, following the aforesaid, this Letters Patent Appeal is allowed and judgment impugned, in so far as this case is concerned, is set aside.

(Navaniti Prasad Singh, J.) (Rajendra Kumar Mishra, J.) Rajeev/- U