Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16006 of 2021 ====================================================== Arun Kumar Son of Basudeo Prasad Resident of Punjabi Colony, near Namkum Railway Station, Ranchi, Police Station- Namkum, District- Ranchi (Jharkhand).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Health Department, Bihar, Patna.

2.

The Additional Secretary, Health Department, Bihar, Patna. 3.

The Joint Secretary, Health Department, Bihar, Patna. 4.

The Joint Director, Health Services, Bihar, Patna-cum-Conducting Officer. 5.

The Section Officer-15, Health Department, Bihar, Patna-cum-Presenting Officer.

6.

The Drug Controller of Bihar, Health Department, Bihar, Patna. 7.

The Civil Surgeon, Muzaffarpur.

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

For the Petitioner/s :

Mr.Mukesh Kumar, Adv For the Respondent/s :

Mr.Nagendra Pd. Yadav (SC23) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-09-2023 Learned counsel for the petitioner is permitted to correct the description of the respondent no. 1.

2. It is submitted by learned counsel for the petitioner that the review by way of a memorial dated 09.12.2014, filed against the order of punishment dated 27.10.2014 still remains pending.

3. The State counsel submits that the authorities cannot deny consideration and disposal of the review on merits. The issue is yet to be decided in the review, copy of which is

Patna High Court CWJC No.16006 of 2021(5) dt.01-09-2023 2/2 contained at Annexure 12. The same is said to have been filed on 09.12.2014 and the appellate authority has yet to pass an order on the same.

4. Considering the long pendency, the learned counsel for the petitioner, however, submits that copy of the appeal will be submitted afresh so as to facilitate consideration on merits. If copy of the appeal is submitted afresh before the State of Bihar through the Additional Chief Secretary, Health Department, Bihar, Patna (respondent no. 1), the same is required to be considered expeditiously, without any undue delay and bearing in mind the fact that the appeal by now is already nine (9) years old.

5. Writ Application is disposed of.

(Madhuresh Prasad, J) uttam/- U