Sheo Kumar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7606 of 2011 ====================================================== Sheo Kumar Prasad son of Sri Ram Swarup Jamadar resident of village Prabhu Bigha PO Hargawan, PS Manpur District Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR and ORS ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amresh Kumar For the Respondent/s :

Mr.Apurv Harsh,AC to SC 28 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-07-2019 Heard counsel for the petitioner and counsel for the respondents-State.

Writ petition has been filed seeking quashing of order dated 31.05.2003 by Civil Surgeon-cum- Chief Medical Officer, Katihar holding that petitioner's appointment was illegal. Petition has been filed thereafter in the year 2011. Counsel for the respondents- State rightly points out that as per petitioner's own claim based on Annexure 1 and 1/A, there is discrepancy in the date of initial appointment claimed by the petitioner. Counsel for the State further submits that order of termination is dated 31.05.2003 therefore, should not be interfered with even on the basis of averments made in the writ petition. Petitioner has no valid claim.

Writ petition was filed eight years after order of

Patna High Court CWJC No.7606 of 2011(3) dt.01-07-2019 2/2 termination without any explanation for delay whatsoever in the petition. On this ground itself writ petition is fit to be rejected on the ground of delay and laches.

In view of the aforesaid consideration, this court does not find any merit in this petition and the same is dismissed. (Madhuresh Prasad, J) s.hassan/- U