Patna High CourtL.P.A/2295/2016disposed

The State Of Bihar And ORS v. Kishore Prasad

2017-11-29The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.2295 of 2016 IN Civil Writ Jurisdiction Case No. 6217 of 2014 ===========================================================

1. The State of Bihar, through Chief Secretary, Bihar at Patna.

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

3. The Health Commissioner-cum-Secretary, Department of Health, Medical Education and Family Welfare Bihar at Patna.

4. The Director in-Chief, Health Services, Govt. of Bihar, Patna.

5. The Chief Maleriya Officer, Bihar, Patna.

6. The Deputy Regional Director, Health Services, Saran at Chapra.

7. The Collector, Gopalganj at Gopalganj.

8. The Civil Surgeon-cum-Chief Medical Officer, Gopalganj, at Gopalganj.

9. The District Malariya Officer, Gopalganj,at Gopalganj. .... .... Appellant/s

Versus

Kishore Prasad, son of Bharat Sah, resident of Village + P.O.- Basdila Bazar, Police Station- Gopalganj, District- Gopalganj. .... .... Respondent/s =========================================================== Appearance :

For the Appellant/s : Mr. Aditya Nath Jha For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 29-11-2017 Office objection is ignored.

2. This is a State appeal filed under Clause 10 of the Letters Patent challenging the order dated 22.06.2016 passed in C.W.J.C. No. 6217 of 2014.

3. Having heard learned counsel for the parties and on going through the directions issued by the learned Writ Court, we find that the Writ Court has only directed the District Magistrate, Gopalganj to consider the case of the writ petitioner for empanelment

Patna High Court LPA No.2295 of 2016 dt.29-11-2017 2/2 provided there are sufficiency of evidence showing with regard to his working or his entitlement to be empanelled.

4. That being so, as the matter is only remanded back to the District Magistrate, Gopalganj, we see no reason to make any indulgence into the matter.

5. The appeal stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date11.12.2017 Transmission Date NA