Manoj Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5150 of 2018 ====================================================== Manoj Kumar Son of Late Bishun Prasad, Resident of Village- Indupur, Ward No.21, Police Station- Barahiya, District- Lakhisarai. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

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

The Director-in-Chief, Administration Health Service, Bihar, Patna. 4.

The Civil Surgeon cum Chief Medical Officer, Lakhisarai. 5.

The Medical Officer, Additional Primary Health Centre Khutha, Barahiya, District- Lakhisarai.

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

For the Petitioner/s :

Mr. Jai Prakash Verma, Adv.

For the Respondent/s :

Mr. Mujtabul Haque- GP12 :

Mr. Pranoy Kumar, AC to GP12 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for quashing of the order contained in Letter No. 848(4) dated 26.08.2016 passed by Director-in-Chief (Administration) by which petitioner has been removed from the post of Health Educator on the ground that he has committed fraud with the Government and he has taken appointment in the name of different person.

3. Counsel for State raised preliminary objection and submits that the order under challenge dated 26.08.2016 is

Patna High Court CWJC No.5150 of 2018(5) dt.10-10-2023 2/2 appealable under Section 23 of the Bihar Government Servant (Classification, Control and Appeal) Rules, 2005 before the Additional Joint Secretary Health Department.

4. In this background, the present writ petition stands disposed of directing the petitioner to avail remedy before the appellate authority within 4 months from the date of production of the order and the appellate authority shall decide the appeal filed by the petitioner within 6 months thereafter. (Dr. Anshuman, J.) prakashmani/- U