Dr.Sushant Das Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12528 of 2011 ====================================================== DR.SUSHANT DAS GUPTA S/O-Late Bhagwat Das Gupta Adampur,DistBhagalpur At Present Posted As Medical Officer Family Welfare Primary Health Center Mokama,Dist-Patna ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR and ORS 2.

The Principal Secretary,Health Services Govt. Of Bihar,Patna 3.

The Director-Chief-,Health Services Bihar Patna 4.

The Deputy Directory Health Services Govt.Of Bihar Patna 5.

The Civil Surgeon-Cum-Chief Medical Officer,Patna 6.

The In- Charge Medical Officer,Ref feral Hospital Mokama/Primary Health Center,Mokama,Patna 7.

Dr.Pranab Kumar, Retired Civil Surgeon-Cum-Chief-Medical Officer,Patna Gauri Shankar Compartment,Phase No-2,Flat No-104,Nalanda Nagar,Kurgi Near Loyala School,Kurgi,Patna-10 8.

Dr. Nand Kishore Singh, Ex-Medical Officer Incharge/Refferal Hospital,Mokama Patna now Posted As Medi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Respondent/s :

Mr.Nishant Kumar Jha, AC to SC 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 29-07-2019 Heard counsel for the petitioner and counsel for the respondents-State.

Counsel for the petitioner submits that order of punishment is without affording any opportunity to the petitioner. State has taken objection on account of availability of alternative remedy to the petitioner by way of review petition under Rule 24(2) of Bihar CCA Rule, 2005.

Being faced with such situation, counsel for the

Patna High Court CWJC No.12528 of 2011(7) dt.29-07-2019 2/2 petitioner submits that he would file review petition by way of memorial within four weeks.

Since objection of alternative remedy is raised by counsel for the State, this court would observe that application of the petitioner, if filed within four weeks, shall be considered by the respondent-authorities on its own merits by reasoned and speaking order in accordance with law expeditiously without raising the issue of delay.

Writ petition is disposed of.

(Madhuresh Prasad, J) s.hassan/- U