Rajiv Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8320 of 2020 ====================================================== Rajiv Kumar Singh, Son of Late Laxman Singh, Resident of Village- Mahnar, P.S.-Mahnar, District-Vaishali at present X-ray Technician, Referral Hospital, Mokama, Patna ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health, Government of Bihar, New Secretariat, Patna 2.

The Principal Secretary, Department of Health, Government of Bihar, Patna 3.

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

The Civil Surgeon, Patna 5.

The In Charge Medical Officer, Referral Hospital, Mokama, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar, Advocate For the Respondent/s :

Mr.Pankaj Kumar, S.C.-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 15-10-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing. The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology.

Heard learned counsel for the petitioner and the learned Standing Counsel No.2 for the respondent-State. Mr. Ravindra Kumar, learned counsel for the

Patna High Court CWJC No.8320 of 2020(2) dt.15-10-2020 2/3 petitioner submits that the petitioner is aggrieved by the issuance of charge memo and submits that the University has submitted a report in view of the same allegation against one Kameshwar Prasad Singh that the certificate was not forged and fabricated, from which it can be verified that the petitioner's certificate was not false/forged.

The petitioner will be at liberty to place the same on record in the proceedings before the Enquiry Officer pursuant to the charge memo dated 09.06.2020, which has been issued to him, along with any other documents, and to raise all the points in his defence. On a speculative plea that this fact would not be considered in the enquiry, this Court would not interfere with the charge memo issued against the petitioner in the instant proceedings. No other grounds have been urged to assail the charge memo.

It is needless to say that the authorities would be obliged to bring home the charges as per the law and after considering all aspects of the matter, including the defence that the petitioner would be raising in the proceedings. No case is made out for interfering with the charge memo.

Patna High Court CWJC No.8320 of 2020(2) dt.15-10-2020 3/3 The writ petition is dismissed.

The order is being passed in presence of the learned State Counsel.

(Madhuresh Prasad, J) PNM U