Dr. Kamala Kant Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9812 of 2016 =========================================================== Dr. Kamala Kant Singh son of Late Ram Surat Singh posted as a Medical Officer at Additional Primary Health Centre Veer Dhanarua, P.O. Veer, Police Station Dhanarua, District - Patna permanent resident of village - Gohan, Police Station - Isuapur, District - Saran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Principal Secretary, Department of Health, Govt. of Bihar, Patna.

3. The Additional Secretary, Department of Health, Govt. of Bihar, Patna.

4. Regional Deputy Director, Health, Patna Region, Patna.

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

6. Incharge Medical Officer, Primary Health Centre, Dhanarua, Patna.

7. The District Magistrate, Patna.

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

For the Petitioner/s : Mr. Sarvadeo Singh, Adv. For the Respondent/s : Mr. Rajeev Shekhar, AC to GA-13 =========================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT Date: 28-08-2017 This matter was disposed of on merits by a draft order dictated in open Court on 23.8.2017 but before the order could be finalized that Mr. Sarvadeo Singh, learned counsel for the petitioner, made a motion praying for disposal of the writ petition in the light of the statement made in paragraph 8 of the supplementary counter affidavit filed on behalf of the Addl. Director, Health Department, in which it is stated that the departmental proceeding pending against the petitioner is in advance stage and the final order would be passed within eight weeks in accordance with law.

It is on the motion made by Mr. Sarvadeo Singh, learned

Patna High Court CWJC No.9812 of 2016 dt.28-08-2017 counsel for the petitioner, and not objected to by Mr. Rajeev Shekhar, AC to GA-13, that the matter is posted today when the learned counsel for the parties are present.

Learned counsel for the petitioner submits that in view of the undertaking given at paragraph 8 of the supplementary counter affidavit, the petitioner would not be pressing the writ petition for the present and which may be accordingly disposed of. Having heard learned counsel for the parties, the writ petition is disposed of with a direction to the Addl. Director to act upon his undertaking made in paragraph 8 of the supplementary counter affidavit filed on 23.8.2017 to conclude the departmental proceeding within eight weeks of receipt/ production of a copy of this order, in accordance with law.

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