Patna High CourtCWJC/14748/2014disposed

Prabhakar Kumar v. The State Of Bihar And ORS

2018-12-17Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14748 of 2014 ====================================================== Prabhakar Kumar, Son of Sri Anil Chandra Ghosh, Resident of Laluchak, P.S. Ishak Chak, District Bhagalpur.

... ... Petitioner

Versus

1. The State of Bihar through Principal Secretary, Health Services, Government of Bihar, Patna.

2. The Director in Chief, Health Services, Government of Bihar, Patna.

3. Civil Surgeon cum Chief Medical Officer, Bhagalpur.

4. In-Charge, Medical Officer, Primary Health Centre, Bhagalpur Kharik in the District of Bhagalpur.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajeet Kumar, Advocate Mr. Manoj Kumar Sinha, Advocate For the Respondent/s :

Mr. Harish Kumar, G.P.-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking relief of granting the salary from the date of his joining to 19.08.2014 and thereafter he is getting the salary but during that period the petitioner was not paid the salary on the ground that he has remained absent as he failed to mark his presence in the attendance register. However, in the counter affidavit, plea has been taken that he is not discharging the duty properly as he failed to discharge the allotted work.

Patna High Court CWJC No.14748 of 2014(2) dt.17-12-2018 2/2 In such view of the matter, this Court cannot decide the merit of the case. Hence, the matter is referred to the District Magistrate, Bhagalpur, who will examine the case of the petitioner, call for the records and after hearing both the sides, will decide the case on its merit within a period of four months from the date of receipt/production of a copy of this order. With the aforesaid observations and directions, this writ petition is disposed of.

(Shivaji Pandey, J) pawan/- U