Patna High CourtCWJC/1538/2013withdrawn

Dr. Amiya Kumari Sinha v. The State Of Bihar And ORS

2018-08-25Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1538 of 2013 ====================================================== Dr. Amiya Kumari Sinha W/O Prabhu Dayal Singh Medical Officer, Sadar Hospital, Sitamarhi, District- Sitamarhi At Present Residing At MohallaChandpur Bela, Purandarpur, P.S.- Jakkanpur, District- Patna .... .... Petitioner

Versus

1. The State Of Bihar

2. Principal Secretary, Health Department, New Secretariat, Govt. Of Bihar, Patna

3. Director-In-Chief, Health Services, Govt. Of Bihar, Patna

4. Deputy Secretary, Health Department, Govt. Of Bihar, Patna

5. Civil Surgeon, Sitamarhi .... .... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Awadhesh Pd.Singh, Advocate For the Respondents : Mr. Shiv Kumar, AC to GA 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-08-2018 Learned counsel for the petitioner, after some arguments, submits that the petitioner would approach the respondent authorities by filing a review petition in the form of memorial under Rule 24(2) of the Bihar Government Servants (Classification, Control and Appeal) Rules, 2005 against order dated 27.9.2012 awarding punishment of dismissal of the petitioner. He also submits that in view of the fact that he has served the Department for 22 years he would persuade the authorities to take a lenient view with reference to his past service on the point of quantum of punishment. In view of the said submission, the writ petition is permitted to be withdrawn with liberty aforesaid.

Patna High Court CWJC No.1538 of 2013 (6) dt.25-08-2018 2/2 Since the petitioner is going to approach the review authority, it is expected that without raising the issue of review being barred by delay, the matter may be considered on its own merit and final decision be taken thereupon. The petitioner would file her review, if she so advised, within a period of four weeks from today. If such review is filed within four weeks from today, then the authorities would be obliged to consider the same and dispose it of by a reasoned order within a period of three months thereafter.

Original records are being returned to the counsel for the State.

(Madhuresh Prasad, J) Shashi.