Sunil Kumar Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7763 of 2022 ====================================================== Sunil Kumar Pathak Son of Late Sailja Pathak Medical Officer Primary Health Centre, Sahebpur Kamal, Begusarai, At present. Tower C.M/Flat No. 1306, Super Tech capetown Noida Sector 74, Gautam Budh Nagar, Uttar Pradesh.

... ... Petitioner/s

Versus

1.

The State of Bihar through Principle Secretary, Health Department, Government of Bihar, Patna.

2.

The Joint Secretary, Health Department, Govt. of Bihar, Patna. 3.

The Additional Secretary Health Department, Govt. of Bihar, Patna. 4.

The Deputy Secretary, Health Department, Govt. of Bihar, Patna. 5.

The Civil Surgeon, Begusarai.

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

For the Petitioner/s :

Mr.Shivendra Kumar Sinha For the Respondent/s :

Mr.Rajeshwar Singh (Ga10) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-03-2024 The present writ petition has been filed seeking the following reliefs:- "1(i). For quashing the letter no. 182(9) dated 3.2.2021, issued by the Respondent no. 2, by which this petitioner has been dismissed from the service without complying with the provisions of CCA Rules.

(ii). Further, issue directions to the respondent to reinstate this petitioner on his post and order to pay him all consequential benefits as required under the law."

2.

At the outset, the learned counsel for the petitioner seeks

Patna High Court CWJC No.7763 of 2022(2) dt.05-03-2024 2/2 liberty on behalf of the petitioner to challenge the aforesaid order dated 3.2.2021, passed by the Joint Secretary, Health Department, Government of Bihar, Patna, by filing appropriate appeal. Liberty, so sought, is granted.

3.

It is needless to state that in case, appropriate appeal is filed within a period of two weeks from today, the appellate authority shall decide the same on merits, by passing a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter.

4.

The present writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U