Sunil Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10736 of 2024 ====================================================== Sunil Kumar Manjhi Son of Dudhnath Manjhi, resident of Village - Jamanpura, P.S. - Rasulpur, District - Siwan. ... ... Petitioner/s

Versus

1.

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

2.

The Principal Secretary, Health Department, Government of Bihar, Patna. 3.

The Director Health Services, Government of Bihar, Patna. 4.

The Chairman, Bihar Technical Service Commission, 19 Harding Road, Patna.

5.

The Secretary, Bihar Technical Service Commission, 19 Harding Road, Patna.

6.

The Principal Secretary, Vigilance Department, 4th Floor, Suchana Bhawan, New Secretariat, Patna.

7.

The Director General, Vigilance Investigation, Bureau, Patna. 8.

The A.D.G. Special Vigilance Unit, Patna.

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

For the Petitioner/s :

Mr. Nagendra Prasad Yadav No.1, Adv.

For the BTSC :

Mr. Mukesh Kumar, Adv.

For the Vigilance :

Mr. Rana Vikram Singh (Spl. P.P. Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-07-2024 Learned counsel for the petitioner, learned counsel for Bihar Technical Service Commission and learned counsel for the Vigilance Department are present. No one appears on behalf of the State.

2. Learned counsel for the petitioner submits that he has filed the representation (annexed as Annexure-P/6 and P/7), but no decision has been taken by the Secretary, Bihar Technical Service Commission, Patna (respondent no.5).

Patna High Court CWJC No.10736 of 2024(2) dt.22-07-2024 2/2

3. Learned counsel for Bihar Technical Service Commission raised preliminary objection and submits that the petitioner has earlier moved before this Court in Civil Writ Jurisdiction Case No.5293 of 2024 which was disposed off vide order dated 18.04.2024. Counsel submits that though the prayer is not identical, but the prayer in the present writ petition and in the earlier writ petition are substantially or indirectly the same.

4. Since, the petitioner has filed representation and his representation is pending before the Secretary, Bihar Technical Service Commission, Patna (respondent no.5), therefore, this Court is hereby directs the Secretary, Bihar Technical Service Commission, Patna (respondent no.5) to pass a reasoned and speaking order on petitioner's representation without entering into the merit or demerit of his case within 90 days from the date of production of the order.

5. Accordingly, the present writ petition stands disposed off.

(Dr. Anshuman, J) Divyansh/- U