Dr. Anirudh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8714 of 2023 ====================================================== Dr. Anirudh Singh Son of Late Ganesh Singh, Resident of 450, Laxmi Nagar, Hajipur, P.S. Industrial Thana, District- Hajipur. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Civil Surgeon-cum-Chief Medical Officer, Vaishali at Hajipur. 3.

The Special Secretary, Department of Health, Government of Bihar, Patna. 4.

The Dy. Secretary, Department of Health, Government of Bihar, Patna. 5.

The Principal Secretary, Department of Health, Government of Bihar, Patna. 6.

Dr. Avani Kumar, Son of Durga Prasad Sah, Patori Station Road, Samastipur presently posted as Medical Officer, In-charge, Primary Health Centre, Patepur, Vaishali at Hajipur.

7.

The District Magistrate, Vaishali at Hajipur. 8.

The Principal Accountant General, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Singh, Advocate For the Respondent/s :

Mr. S. D. Yadav, AAG-9 For the A.G., Bihar :

Mr. Binod Kumar Labh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 10-10-2023 Heard Mr. Shailendra Kumar Singh, learned counsel appearing on behalf of the petitioner, Mr. Binod Kumar Labh, learned counsel appearing on behalf of the Accountant General, Bihar and Mr. S. D. Yadav, learned AAG-9 appearing on behalf of the State.

2. Learned counsel appearing on behalf of the petitioner submits that due to non-issuance of No Objection Certificate on the ground of latches on the part of Respondent No.6. The Disbursing Officer being the Chief Medical Officer,

Patna High Court CWJC No.8714 of 2023 dt.10-10-2023 2/2 Patepur, Vaishali is solely responsible for such misappropriation, for which the petitioner can not be allowed to suffer.

3. As such, the Disbursing Officer being the Chief Medical Officer, Patepur, Vaishali is directed to issue the No Objection Certificate of the petitioner and send it to the Treasury Officer, Vaishali without fail. The present writ petition is disposed of with direction to the Chief Medical Officer, Patepur, Vaishali as well as, the Treasury Officer, Vaishali to ensure the payment of the entire amount of the pensionary benefit to the petitioner.

4. The petitioner shall be at liberty to take appropriate legal action against the Chief Medical Officer or the Treasury Officer in case of failure on their part in making the payment to him.

(Purnendu Singh, J.) Ashishsingh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.10.2023 Transmission Date NA