Muneshwar Prasad Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17587 of 2017 =========================================================== Muneshwar Prasad Sinha, S/o Late Ram Prasad Mahto, Secretary Janhit Vikas Samiti, Office at Professors' Colony Line par, Mirzapur, P.O. & Dist Nawada. .... .... Petitioner

Versus

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

2. The State Health Society, Bihar, Patna through its Executive Director. Office at Sheikhpura, Patna.

3. The District Health Society Nawada through the Collector, Nawada.

4. The Collector Cum Chairman District health Society Nawada.

5. The Civil Surgeon Cum Secretary District Health Society Nawada.

6. The Additional Chief Medical Officer, Nawada, District Nawada.

7. The Medical Officer Incharge Kadirganj, District Nawada.

8. The Medical Officer Incharge Odhanpur, District-Nawada .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Amarendra Narayan, Advocate. For the State : Mr. Ramadhar Singh, GP-25 For the Resp. No. 2 : Mr. K.K. Sinha Mr. Shashi Shekhar, Advocates.

=========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 03-07-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for a direction commanding respondents to refund the security deposit amount of Rs. 2,00,000/- along with interest and cost and pay Rs. 6,63,415/- for works done at Additional Primary Health Centre, Kadirganj, District-Nawada during the period November, 2009 to

24th of June, 2010, and Rs. 3,07,101/- and at Additional Primary Health Centre, Odhanpur during the period 20.06.2008 to 19.11.2008.

3. Learned counsel for the petitioner submits that pursuant to the order of this Court in C.W.J.C. No. 1272 of 2014 recommendations have been made by the Committee scrutinizing the petitioner's claim in terms of its report dated 02.03.2017, according to which prima facie the payment made to the petitioner in respect of the four items enumerated therein appeared to be correct.

4. Learned counsel for the respondent-State as well as learned counsel for the State Health Society appear and have been heard.

5. Having regard to the nature of the grievance of the petitioner, the writ petition stands disposed of with liberty to the petitioner to approach the concerned authority namely, the District Health Society, Nawada through the Collector, Nawada (respondent no. 3) to refund security deposit and the Civil Surgeon cum Secretary, District Health Society, Nawada in respect of payment for work done by the petitioner with a fresh representation in the backdrop of the enquiry report dated 02.03.2017 of the Committee as aforesaid, for redressal of his

grievances. If any such representations are filed within a period of two weeks from today, the same shall be considered and disposed of on their own merits in accordance with law after grant of opportunity of hearing to the petitioner.

(Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 09.07.2018 Transmission Date N.A.