Pappu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11951 of 2025 ====================================================== Pappu Kumar Son of Nagendra Kumar, Resident of village- Sangrampur, P.S.- Sangrampur, District - East Champaran.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Department of Health, Patna. 2.
The Principle Secretary, General Administration Department Government of Bihar, Vikash Bhawan, Bailey Road, Patna.
3.
The Principle Secretary, Department of Health, Government of Bihar, Vikash Bhawan, Bailey Road, Patna.
4.
The Special Secretary, Department of Health, Government of Bihar, Vikash Bhawan, Bailey Road, Patna.
5.
The Additional Secretary, Department of Health, Government of Bihar, Vikash Bhawan, Bailey Road, Patna.
6.
The Bihar Technical Service Commission, 19 Harding Road Government of Bihar, Patna through its Secretary.
7.
The Chairman, The Bihar Technical Services Commission, 19 Harding Road, Patna.
8.
The Secretary, the Bihar Technical Service Commission, 19 Harding Road, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Shankar Shrivastava, Advocate For the Respondent/s :
Ms. Binita Singh, SC-28 For B.T.S.C.
:
Mr. Nikesh Kumar, Advocate Mr. Praveen Tewari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned counsel appearing for Bihar Technical Service Commission and learned counsel appearing for State.
2. With the consent of the parties, the present writ application is being disposed of at this stage itself.
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3. Learned counsel for the petitioner submits that for the relief claimed by him in the present writ application, the petitioner is prepared to file a detailed representation before the Principal Secretary, General Administration Department, Government of Bihar, Patna (respondent no.2) and the petitioner would be satisfied if this Court could direct the Principal Secretary, General Administration Department, Government of Bihar, Patna to consider the representation of the petitioner and dispose it of on merit after giving an opportunity of hearing to the petitioner. Learned counsel for the petitioner further submits that in a similar matter i.e. by order dated 22.08.2024 passed in CWJC No.12329 of 2024 (Annexure-P/6) similar liberty was granted by this Court.
4. To the aforesaid prayer being made by the petitioner, learned counsel appearing for respondent Bihar Technical Service Commission submits that the petitioner has approached this Court belatedly and therefore, he does not deserve the liberty to be granted to file representation. Learned counsel for the State also echoes the same sentiment.
5. Considering the fact that a very limited nature of prayer is being made by learned counsel for the petitioner, this Court considers it appropriate to grant liberty to the petitioner to
3/4 file a detailed representation before the Principal Secretary, General Administration Department, Government of Bihar, Patna. Accordingly, this writ application is disposed of granting liberty to the petitioner to file a detailed representation before the Principal Secretary, General Administration Department, Government of Bihar, Patna, within one month from the date of passing of this order and if such a representation is filed within stipulated time, the Principal Secretary, General Administration Department, Government of Bihar, Patna is directed to consider the same and dispose it of on merit after giving an opportunity of hearing to the petitioner.
The exercise must be completed by the Principal Secretary, General Administration Department, Government of Bihar, Patna within a further period of two months from the date of filing of the representation. Needless to emphasize that the final order which shall be passed by the Principal Secretary, General Administration Department, Government of Bihar, Patna should be a reasoned and speaking order. It is made clear that this Court has not expressed any opinion on the merits of the matter and it is open to the Principal Secretary, General Administration Department, Government of Bihar, Patna to apply its mind and decide the representation of the petitioner on merit.
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6. With the aforesaid observation and direction, the present writ application stands disposed of with the liberty as aforesaid. All pending I.As, if any will stand accordingly disposed of.
(Alok Kumar Sinha, J) Prakash Narayan U