Vishwanath Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20862 of 2010 =========================================================== Vishwanath Kumar, son of Shri Indradeo Singh, resident of village Pothiya, P.O. Pinjarama, P.S. Kinjar, in the district of Jehanabad .... .... Petitioner

Versus

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

2. The Director-in-Chief, Health services, Govt. of Bihar, Patna

3. The District Magistrate cum Collector, Jehanabad

4. The Civil Surgeon cum Chief Medical Officer, Jehanabad

5. The Civil Surgeon cum Chief Medical Officer, Arwal

6. The Incharge Medical Officer, Additional Primary Health Centre, Koriyam under Arwal Block, in the district of Arwal .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Adv. For the Respondent/s : Mr. V.M.K. Sinha, SC3 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 24-05-2017 Heard learned counsel for the parties.

The petitioner has chosen to question the termination order dated 31.12.1999, impugned at Annexure 3, but taking note of the order present at Annexure R/3 to the counter affidavit, which is an order passed by a Bench of this Court in an earlier round of proceeding initiated by the petitioner, giving rise to C.W.J.C.No. 9932/1999, whereby the petitioner although praying for payment of salary for the period prior to termination, has not chosen to question the termination order, the present writ petition is held not

Patna High Court CWJC No.20862 of 2010 dt.24-05-2017 maintainable, barred on the principle of constructive resjudicata besides suffering from gross delay and laches. The writ petition is accordingly dismissed.

(Jyoti Saran, J) Surendra/- AFR/NAFR NAFR CAV DATE NA Uploading Date 27.05.2017 Transmission Date NA