Kumari Rita Bharti @ Rita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10236 of 2025 ====================================================== Kumari Rita Bharti @ Rita Kumari, Wife of Viveka Nand Singh, Resident of village- Pirdouri, P.S. - Sultanganj, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

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

2.

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

The Regional Deputy Director, Health Services, Munger Division, Munger. 4.

The Director, Health Department, Govt. of Bihar, Patna. 5.

The Civil Surgeon-Cum-Chief Medical Officer, Munger. 6.

The Deputy Superintendent of Sub Divisional Officer, Tarapur, DistrictMunger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Adv.

Mr. Dhananjay Kumar Gupta, Adv.

Mr. Anil Kumar Sinha, Adv.

Mr. Dhandev Kumar, Adv.

For the Respondent/s :

Mr. Additional Advocate General (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-07-2025 Heard the parties.

2. The petitioner has approached this Court seeking a direction upon the respondent to consider his representation by which the respondent has prayed for the salary for the period 25.09.2014 to 23.11.2014, during which the petitioner was in judicial custody, however the petitioner, subsequently came to be acquitted by a judgment dated 12.04.2022 passed in Sessions Trial No. 360 of 2017. There is also prayer for payment of salary for certain period as has been mentioned in paragraph no.

Patna High Court CWJC No.10236 of 2025(2) dt.07-07-2025 2/3 1.

3. Mr. Sharda Nand Mishra, learned Advocate for the petitioner fairly contended that earlier the petitioner had come for the payment of salary for certain periods, including the period during which he remained in judicial custody by filing C.W.J.C. No. 10738 of 2024. The aforesaid writ petition came to be disposed off with a direction to the Civil Surgeon-cum-Chief Medical Officer, Munger to make a reasoned communication to the Superintendent Incharge of Sub Divisional Hospital, Tarapur, Munger. Since the prayer of the petitioner for salary during which he remained in the judicial custody could not be taken note of in the order passed by a Bench of this Court in C.W.J.C. No. 10738 of 2024, a Civil Review also filed, however, the same stood dismissed with a liberty to the petitioner to file fresh writ petition; hence the present writ petition.

4. Considering the limited grievance of the petitioner and in order to give quietus to the litigation, this Court deems it proper to dispose off the writ petition with a liberty to the petitioner to file a fresh representation before the respondent no. 5, who shall consider the claim of the petitioner and pass reasoned and speaking order.

Patna High Court CWJC No.10236 of 2025(2) dt.07-07-2025 3/3

5. Suffice it to observe that in case the claim of the petitioner finds favour, necessary consequential order shall be passed.

6. The entire exercise shall be completed preferably within a period of 12 weeks' from the date of receipt/production of a copy of this order.

7. The writ petition stands disposed.

(Harish Kumar, J) supratim/- U