Shishir Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4905 of 2015 ======================================================

1. Shishir Kumar S/o Late Sita Ram Singh, resident of village- Fatahpur, P.S.- Sheohar, Distt.- Sheohar.

.... .... Petitioner/s

Versus

1. The State of Bihar .

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

3. The Principal Secretary, Building Construction Department, Government of Bihar, Patna.

4. The Joint Secretary, Deptt. of Health, Govt. of Bihar, Patna

5. The Under Secretary, Deptt. of Health, Govt. of Bihar, Patna

6. The District Magistrate, Sheohar.

7. The Civil Surgeon-cum-Chief Medical Officer, Sheohar.

8. The Executive Engineer, Building Division, Sheohar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Verma, Advocate Mr. Suman Kumar Verma, Advocate For the Respondent/s : Mr. P.N.Shahi, AAG-10 Mr. Dhirendra Kumar, AC to AAG-10 ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE ) 10-03-2016 Heard Mr. Sunil Kumar Verma, learned Counsel, appearing on behalf of the petitioner, and Mr. P.N. Shahi, learned Additional Advocate General No.10, appearing on behalf of the State-respondents.

Perused the supplementary counter affidavit, which has been filed by respondent No.1, which shows that according to the State-respondents, the sanctioned amount of Rs.1,04,66,100/- would be revalidated if the said sanctioned amount is not spent in the financial year 2015-16, i.e., up to 31st March, 2016, and, if the

Patna High Court CWJC No.4905 of 2015 (7) dt.10-03-2016 2/2 need arises, the remaining unspent amount would be sanctioned afresh by the Health Department, Government of Bihar, for the financial year 2016-17.

On the assurance so given, we close this writ petition, but make it clear that it shall be the duty of the State-respondents to spend the sanctioned amount in accordance with law and, in case the sanctioned amount is not utilized in its entirety for the purpose for which the sanction has been accorded, the Department of Health, Government of Bihar, shall revalidate the sanction or shall pass such order as may be necessary to ensure that the unspent amount be sanctioned afresh for the purpose of being spent during the financial year 2016-17. The act of revalidation, if necessary, shall be undertaken and completed within the month of April, 2016.

This application stands disposed of.

(I.A. Ansari, ACJ) (Anjana Mishra, J) Mkr./- U