Patna High CourtCWJC/20520/2010disposed

Sanjay Kumar Singh v. The State Of Bihar And ORS

2018-07-27Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20520 of 2010 ====================================================== SANJAY KUMAR SINGH S/O LATE SHIV NARAYAN SINGH R/O VILL.-PALIYAR, P.S.-BANKA, DISTT.-BHAGALPUR.

... ... Petitioner/s

Versus

1. THE STATE OF BIHAR THROUGH ITS PRINCIPAL SECRETARY, DEPTT. OF HEALTH, BIHAR, PATNA.

2. THE DIRECTOR-IN-CHIEF, HEALTH SEVICES, BIHAR, PATNA.

3. THE SECRETARY , DEPARTMENT OF HEALTH, GOVT.OF BIHAR NEW SECRETARIAT, PATNA (VIKASH BHAWAN), PATNA. null null

4. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, BHAGALPUR.

5. THE IN-CHARGE MEDICAL OFFICER, LEPROCY ERADICATION UNIT, NAUGACHIA, DISTT.BHAGALPUR.

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

For the Petitioner/s :

Mr. Kumar Malendu For the Respondent/s :

Mr. Amresh, AC to GP-13 Mr. Ravi Kumar, AC to GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 27-07-2018 A very unusual order dated 06.09.2010 appears to have been passed by the Principal Secretary, Health Department inasmuch as it has been stated that since there is no appointment letter or termination letter pertaining to the petitioner, the case of the petitioner is being rejected.

On the contrary, the learned counsel for the petitioner has shown the appointment letter and termination letter of the petitioner and has equated his case with other similarly situated persons whose cases were allowed by this High Court. In view of the aforesaid, I find that the order dated

Patna High Court CWJC No.20520 of 2010 dt.27-07-2018 2/2 06.09.2010 is not sustainable, accordingly, the same is quashed. The matter is remanded to the Principal Secretary, Health Department to examine all the documents available on record, as is clear from the letter of the Respondent No. 5 dated 20.07.2011 and pass a reasoned and speaking order within a period of eight weeks from today.

It is needless to state that the petitioner should file all the relevant documents alongwith his representation before the Principal Secretary, Health Department within a period of two weeks from today.

The writ petition is disposed of on the aforesaid terms. (Mohit Kumar Shah, J) ajay gupta/- AFR/NAFR NAFR CAV DATE NA Uploading Date 31.07.2018 Transmission Date NA