Dwarika Prasad Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3189 of 2016 ====================================================== Dwarika Prasad Singh Son of Late Chhattu Prasad Singh, Resident of Village - Jalalpur, P.S. - Hilsa, District - Nalanda, At present address - 216, Amardeep nagar Murgi Farm, Ram Krishna Nagar, post - Delwan, District - Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Health Department Government of Bihar Patna New Secretariat, Patna. 2.

The Director - in - Chief, Health Service New Secretariat, Bihar, Patna. 3.

The State Drub Controller, New Secretariat, Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Prasad Sinha, Advocate For the Respondent/s :

Mr.Rakesh Ranjan, AC to AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 04-04-2019 The writ petition alleges that the petitioner has been terminated from service under Rule 76 of the Bihar Service Code without issuance of any order of termination of service of the petitioner.

From the records it is apparent that the petitioner had earlier moved this Court by filing CWJC No. 12504 of 2004. Counter affidavit which was filed by the State in those proceedings have been placed on record by the petitioner himself. The same clearly shows that petitioner had been terminated from service due to his absence from 06.07.1994. Whether the termination was made the subject of those writ proceedings arising out of CWJC No. 12504 of 2004, or not is

Patna High Court CWJC No.3189 of 2016 dt.04-04-2019 2/2 not evident from the records. Even the order passed in the writ proceedings have been suppressed from this Court in the instant proceedings. The issue of termination has also been raised after inordinate and unexplained delay as the fact of termination was made known to the petitioner long back in the proceedings arising out of CWJC No. 12504 of 2004.

For the reasons indicated herein above, writ petition is barred by delay and latches as also due to suppression of relevant material facts.

Writ petition is dismissed.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date