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Patna High CourtL.P.A/1804/2016disposed

The State Of Bihar And ORS v. Manjeet Kumar @ Manjit Kumar

2017-11-06The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1804 of 2016 In Civil Writ Jurisdiction Case No. 7456 of 2014 ====================================================== The State Of Bihar & Ors .... .... Appellant/s

Versus

Manjeet Kumar @ Manjit Kumar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Neelam Kumari, Advocate For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-11-2017 Having heard learned counsel for the parties, we find that even though the State Government has given various justifications which compelled them to file L.P.A.No.326 of 2009 and immediately after disposal of the same, the order passed in the original writ petition on 24.10.2008 in C.W.J.C. No.7441 of 2000 was implemented, all benefits were granted to the petitioner, there was no justification for imposing the cost on the officers as the officers have only exercised their right of challenging the order by filing an appeal. Keeping in view the aforesaid, the imposition of cost of Rs.50,000/- on the Director-in-Chief, Health Services,

Patna High Court LPA No.1804 of 2016 (6) dt.06-11-2017 Government of Bihar is quashed.

The appeal is allowed to the aforesaid extent. (Rajendra Menon, CJ) Harish/- (Anil Kumar Upadhyay, J) U