Sohan Roy v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15887 of 2010 ====================================================== SOHAN ROY S/O Sri Maheshwari Roy R/O Vill- Dhamaun Inayatpur, P.S.- Shahpur Patori, Distt.- Samastipur ... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, Patna.
2.
Director-In-Chief, Health Services, Govt. Of Bihar, Patna 3.
Civil Surgeon-Cum-Chief Medical Officer, Vaishali At Hajipur 4.
Superintendent,Sadar Hospital, Hajipur, Distt.- Vaishali ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Advocate Mr.Lakshmikant Sharma, Advocate For the Respondent/s :
Mr.Vijay Kumar Verma, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-02-2023 This writ application has been filed for quashing of the order dated 23.06.2010 passed in Case No. 01/2010 by which one Man Inquiry Committee of Hon'ble Mr. Justice Mr. Uday Sinha (Retired) has rejected the claim of the petitioner for his appointment and retention in service as Peon at Mahua Primary Health Centre.
After some argument, learned senior counsel for the petitioner does not dispute that after the judgment of the Hon'ble Supreme Court in the case of State of Bihar and Others vs. Devendra Sharma reported in (2020) 15 SCC 466 nothing survives for adjudication in the present writ application. Learned counsel for the State submits that following
Patna High Court CWJC No.15887 of 2010(10) dt.16-02-2023 2/2 the said judgment of the Hon'ble Supreme Court, this Court has disposed of a number of writ applications such as CWJC No. 16036/2011 and CWJC No. 9953/2011.
Having regard to the submissions noted hereinabove and on finding that this case would be squarely covered by the ratio of the judgment of the Hon'ble Supreme Court in the case of Devendra Sharma (supra), this Court is of the considered opinion that this writ application cannot succeed. It is dismissed, accordingly.
(Rajeev Ranjan Prasad, J) rajnish/rajeevU