Md. Fakhir Usmani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10581 of 2020 ====================================================== Md. Fakhir Usmani S/o- Md. Salim Resident of Mohalla- Dumduma, P.O. and P.S.- Laheriasarai, District- Darbhanga.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Health Department, Govt. of Bihar, Patna.
2.
The Director in Chief, Health Service, Govt. of Bihar, Patna. 3.
The Principal Secretary, General Administrative Department, Govt. of Bihar, Patna.
4.
The Director, Department of Health, Govt. of Bihar, Patna. 5.
The Superintendent, Darbhanga Medical College Hospital, Laheriasarai, Darbhanga.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisuzzoha, Advocate For the Respondent/s :
Mr. S.D. Yasav, AAG-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 11-01-2022 The matter is heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.
2. In the instant petition, petitioner has prayed for following reliefs:- "a. For issuance of a writ in the nature of certiorari or any other appropriate writ order and direction commanding the Respondents for quashing the office order dated 05-07-2020 contained in Memo No. 2513 passed/ issued by the Superintendent, Darbhanga Medical College Hospital, Laheriasarai, Darbhanga (Resp. No. 5)
Patna High Court CWJC No.10581 of 2020 dt.11-01-2022 2/3 whereby where under the superintendent (Resp. No. 5) removed the petitioner from his service in the period of covid 19 who was working on the post of O.T. Assistant in D.M.C.H., Laheriasarai since 13-07-2010 and cancelled the contract arbitrarily.
b. Any other appropriate relief or reliefs may granted in favour of the petitioner as your lordship may deem fit and proper.
c. During the pendency of the writ application the petitioner be allowed to remain continue in his service and to perform his duty as O.T. Assistant in D.M.C.H., Laheriasarai."
3. The petitioner without exhausting statutory remedy of appeal presented this petition.
4. Therefore, the present petition is pre-mature to entertain in the light of Apex Court decision in the case of State of Jammu and Kashmir V. R.K. Zalpuri reported in AIR 2016 SC 3006 at para 20 held as under:
"20. Having stated thus, it is useful to refer to a passage from City and Industrial Development Corporation V. Dosu Aardeshir Bhiwandiwala and Others, wherein this Court while dwelling upon jurisdiction under Article 226 of the Constitution, has expressed thus:- "The Court while exercising its jurisdiction under Article 226 if duty-bound to consider whether:
(a) adjudication of writ petition involves any complex and disputed questions of facts and whether they can be satisfactorily resolved;
(b) the petition reveals all material facts;
(c) the petitioner has any alternative or effective remedy for the resolution of the dispute;
Patna High Court CWJC No.10581 of 2020 dt.11-01-2022 3/3 (d) person invoking the jurisdiction is guilty of unexplained delay and laches;
(e) ex facie barred by any laws of limitation;
(f) grant of relief is against public policy or barred by any valid law; and host of other factors."
5. Accordingly, the present petition stands disposed of reserving liberty to the petitioner to prefer appeal before the appellate authority. If such appeal is filed within a period of eight weeks from the date of receipt of this order, the same shall be decided by the appellate authority within a period of four months from the date of receipt of petitioner's appeal. (P. B. Bajanthri, J) rakhi/- AFR/NAFR CAV DATE Uploading Date Transmission Date