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Patna High CourtCWJC/7919/2023allowed

Arun Kumar v. The State Of Bihar

2023-11-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7919 of 2023 ====================================================== Arun Kumar Son of Jay Narayan Choudhary Resident of Village- Govindpur, Post- Bastwara, P.S.- Simri, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Health Department, Bihar, Patna.

2.

The Commissioner, Darbhanga Pramandal, Darbhanga. 3.

The Collector, Darbhanga.

4.

The Special Work Officer, District Confidential Section, Darbhanga. 5.

The Regional Additional Director, Health Department, Darbhanga Pramandal, Darbhanga.

6.

The Civil Surgeon cum Chief Medical Officer, Darbhanga. 7.

The In-charge Medical Officer, Community Health Centre, Singhwara, Darbhanga.

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

For the Petitioner/s :

Mr.Dileep Kumar Singh For the Respondent/s :

Mr.Binod Kr. Yadav (Sc18) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-11-2023 Heard the parties.

2. It is an admitted position that disability certificate issued in favour of the petitioner has been cancelled without issuance of any notice and without hearing the petitioner and subsequently an FIR has been filed against the petitioner.

3. The action of the State Authorities is illegal and cannot be sustained as the order has been passed without issuing any notice and without hearing the petitioner.

4. In view of the above, the memo number 3285

Patna High Court CWJC No.7919 of 2023(2) dt.22-11-2023 2/2 dated 24.12.2019 is hereby quashed with liberty to the State Authorities to take action in accordance with law.

5. Since the FIR bearing Singhwara P.S. Case No. 29 of 2023 has been filed pursuant to the order dated 24.12.2019, the same also has to go.

6. Accordingly, the Singhwara P.S. Case No. 29 of 2023 registered against the petitioner and all subsequent criminal proceedings are also hereby quashed. (Sandeep Kumar, J) Vikas/- U