Patna High CourtCWJC/5436/2015allowed

Saiyad Imam Ansari v. The State Of Bihar And ORS

2015-07-01Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5436 of 2015 ======================================================

1. Saiyad Imam Ansari, son of Mohammad Sharfuddin , Resident of villageHaldi Khora, P.S.- Kochadhaman, District- Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

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

4. The Civil Surgeon-cum-Chief Medical Officer, Kishanganj. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Radha Mohan Singh For the Respondent/s : Mr. Amar Nath Deo ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER 01-07-2015 Annexure-4 is the order dated 15.11.2014 by virtue of which the petitioner who was working as a Class IV employee in Primary Health Centre, Belwa, Kishanganj, has been terminated.

The petitioner wants quashing of the said order primarily on a very pointed submission that L.P.A. No. 200 of 2010 and other analogous cases, copy of which is annexed as annexure-5, categorically held that the Division Bench had not taken up issue relating to matters which were already decided by Justice Uday Sinha Committee.

The case of the petitioner was considered by Justice Uday Sinha Committee. The decision of the Committee is

Patna High Court CWJC No.5436 of 2015 (4) dt.01-07-2015 annexure-2 dated 24.06.2010. The finding of Justice Uday Sinha is that appointment of the petitioner fell in the category of irregular appointment and not illegal appointment. If that be so, the rationale and reasoning given for dismissing the petitioner in terms of annexure-4 is based on wrong appreciation of facts as well as judgment of the Division Bench. In view of the same, annexure-4 is quashed. This writ application is allowed. It is left open to the State to take a decision in accordance with law.

(Ajay Kumar Tripathi, J) Amin/- U