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Patna High CourtCWJC/5677/2014disposed

Santosh Prasad v. The State Of Bihar And ORS

2017-07-25Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5677 of 2014 ====================================================== Santosh Prasad Son of Late Sheopujan Mahto, resident of village: Dhumnagar, Kachhari Tola, P.S.: Nautan, District: West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

3. The Secretary cum Executive Director, State Health Samittee, Bihar, Patna

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

5. The Deputy Director, Health Services, Tirhut Division, Muzaffarpur

6. The District Officer, West Champaran, Bettiah

7. The Civil Surgeon-cum-Chief Medical Officer, West Champaran, Bettiah

8. The Civil Surgeon-cum-Chief Medical Officer, West Champaran, Bettiah

9. The Incharge Medical Officer, Primary Health Centre, Sikta, West Champaran.

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

For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava For the Respondent/s : Mr. Kumari Amrita ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-07-2017 Heard both sides.

The petitioner has filed this petition for quashing the order dated 18.03.2013, contained in Memo No. 719, issued under the signature of the Civil Surgeon-cum-Chief Medical Officer, West Champaran, Bettiah by which one increment of the petitioner was stopped with non-cumulative effect. A preliminary objection has been raised that the minor punishment is awarded and there is a provision under the C.C.A. Rules for appeal against the order of the Disciplinary

Patna High Court CWJC No.5677 of 2014 (3) dt.25-07-2017 2/2 Authority, but the petitioner has not preferred appeal. Learned counsel for the petitioner submits that he may be permitted to withdraw this petition with a liberty to present appeal before the appropriate authority.

Having considered the facts and circumstances of the case, this writ petition is dismissed as withdrawn with a liberty to the petitioner to present appeal before the appropriate authority, who shall consider the appeal of the petitioner within a period of three months from the date of filing of memo. of appeal. (Prabhat Kumar Jha, J) Mahesh/- U