Parash Lal Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18030 of 2010 ====================================================== Parash Lal Sah, son of Late Roop Lal Sah, resident of Mohalla - Teli Basti, P.S. - Kishanganj, District - Kishanganj.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Health & Family Welfare, Govt. of Bihar, Patna.

2. The Director-in-Chief, Health Service, Govt. of Bihar, Patna.

3. The Deputy Director, Health Services, Bihar, Patna.

4. The Civil Surgeon cum-Chief Medical Officer, Kishanganj.

5. In-Charge Medical Officer, Primary Health Centre, Kochadhaman, Kishanganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr.Lakshmikant Sharma, Advocate For the Respondent/s :

Mr.Vijay Kumar Verma, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-02-2023 This writ application has been filed for quashing of the order dated 27.08.2010 passed in Case No. 78/2010 by which one Man Inquiry Committee of Hon'ble Mr. Justice Mr. Uday Sinha (Retired) has rejected the claim of the petitioner for his appointment and retention in service as Sweeper-cum-Peon at Sub-Divisional Hospital, Kishanganj.

After some argument, learned senior counsel for the petitioner does not dispute that after the judgment of the Hon'ble Supreme Court in the case of State of Bihar and Others vs. Devendra Sharma reported in (2020) 15 SCC 466 nothing survives for adjudication in the present writ application.

Patna High Court CWJC No.18030 of 2010(7) dt.16-02-2023 2/2 Learned counsel for the State submits that following the said judgment of the Hon'ble Supreme Court, this Court has disposed of a number of writ applications such as CWJC No. 16036/2011 and CWJC No. 9953/2011.

Having regard to the submissions noted hereinabove and on finding that this case would be squarely covered by the ratio of the judgment of the Hon'ble Supreme Court in the case of Devendra Sharma (supra), this Court is of the considered opinion that this writ application cannot succeed. It is dismissed, accordingly.

(Rajeev Ranjan Prasad, J) Rajnish/RajeevU