Suman Kant Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11908 of 2023 ====================================================== Suman Kant Sinha Son of Late Rameshwar Prasad Sinha, Resident of VillageSaguna Gas Godam Road, P.S.- Danapur, District -Patna, PIN-801304. ... ... Petitioner/s

Versus

1.

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

2.

The Additional Chief Secretary, Health Department, Government of Bihar, Patna.

3.

The Director-in-Chief, Health Services Bihar, Patna. 4.

The Civil Surgeon-cum-Chief Medical Officer, Patna. 5.

The District Magistrate, Patna.

6.

The In-Charge Medical Officer, Primary Health Center, Daniyama, Patna, 7.

The In-Charge Medical Officer, Primary Health Center, Paliganj, Patna. 8.

The Deputy Superintendent, Sub-Divisional Hospital, Paliganj, Patna. 9.

The In-Charge Medical Officer, Primary Health Center, Bikram, Patna. 10.

The Treasury Officer, Patna City, Patna.

11.

The Senior Treasury Officer, Danapur, Patna.

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma, Advocate Mr. Kripa Nand Jha, Advocate Mr. Rakesh Kumar Ranjan, Advocate For the Respondent/s :

Mr.Rajeshwar Singh ( GA- 10 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-02-2024 The present writ petition has been filed seeking the following reliefs:- "1.i) For quashing the order contained in Memo No. 6898 dated 10/08/2016 passed by the Civil Surgeon-cum-Chief Medical Officer, Patna by which the petitioner has

Patna High Court CWJC No.11908 of 2023(2) dt.19-02-2024 2/3 been dismissed from his service on the post of Clerk, Sub-Divisional Hospital, Paliganj, Patna without hearing him in the proceeding and also not examined any witnesses.

(ii) For issuance of a direction upon the respondent authorities to reinstate the service of petitioner, who dismissed from his service without hearing him in alleged departmental proceeding and also not examined any witnesses and not followed norms of departmental proceedings.

(iii) For issuance of a direction upon the respondent authorities to make payment of suspension allowances and salary of petitioner after reinstatement of his service."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the aforesaid order dated 10.06.2016 passed by the Civil Surgeon-cum-Chief Medical Officer, Patna by filing appropriate appeal. Liberty, so sought, is granted.

3.

It is needless to state that in case appropriate appeal is filed within a period of four

Patna High Court CWJC No.11908 of 2023(2) dt.19-02-2024 3/3 weeks from today, the appellate authority shall consider the same, in accordance with law, and pass a reasoned and a speaking order, within a period of eight weeks, thereafter.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U