The State Of Bihar v. Pawan Kumar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.582 of 2019 ====================================================== 1.

The State of Bihar through the Principal Secretary, Department of Health,Govt. of Bihar, Patna 2.

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

The Director-in-Chief Health Services, Govt. of Bihar, Patna ... ... Appellant/s

Versus

Pawan Kumar S/o Rajballabh Singh Vill. and P.o.- Alinagar, P.s.- Suryagarha, Distt.- Lakhisarai, presently posted as Clerk, Primary Health Centre, Bakhtiyarpur, Distt.- Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Suryakant Kumar, AC to GA 8 Mr. Ajay Bihari Sinha, Advocate For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 03-08-2022 Heard learned counsels for the parties.

The present appeal is against order dated 06.12.2017 of the Learned Single Judge passed in C.W.J.C. No. 10553 of 2014.

The Learned Single Judge order is with reference to the consent given by the petitioner and respondent - State Government read with decision in L.P.A. No. 167 of 2016 decided on 23.06.2017. In the present appeal, the learned counsel for the appellants submitted that respondent Pawan Kumar's case is distinguishable with reference to the order

Patna High Court L.P.A No.582 of 2019(3) dt.03-08-2022 2/2 dated 23.06.2017 passed in L.P.A. No. 167 of 2016. In that event, the appellant - State has a remedy to file review petition before the Learned Single Judge for the reasons that decision rendered in C.W.J.C. No. 10553 of 2014 is not on merit. Accordingly, present appeal stands disposed of reserving liberty to file review petition before the Learned Single Judge.

(P. B. Bajanthri, J) ( Rajiv Roy, J) GAURAV S./- U