Patna High CourtCWJC/1542/2018disposed

Dr. Arjun Ram v. The State Of Bihar And ORS

2018-08-21Mr. Justice Shivaji Pandey2 pages

Patna High Court CWJC No.1542 of 2018 (4) dt.21-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1542 of 2018 ====================================================== Dr. Arjun Ram, Son of Jagdish Ram, Resident of Village- Diawan, P.S.- Karai Parasurai, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Commissioner-cum-Secretary, Department of Health and Family Welfare, Govt. of Bihar, Patna.

3. The Joint Secretary, Department of Health and Family Welfare, Govt. of Bihar, Patna.

4. The Deputy Secretary, Department of Health and Family Welfare, Govt. of Bihar, Patna.

5. The Civil Surgeon-cum-Chief Medical Officer, Bhojpur, Ara.

6. The Incharge Medical Officer, Primary Health Centre, Sandesh, Bhojpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. D.K. Sinha, Sr. Advocate Mr. Bhola Prasad, Advocate Mr. Kumar Ranjit Ranjan, Advocate For the State : Mr. Kamlesh Kishore, Ac to SC12 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

This writ petition is disposed of on a short point that person who has passed the original order has also passed the order in appeal and that too without giving any reason. This Court is not giving any opinion on the merit of the case. The petitioner was proceeded departmentally and thereafter the order of punishment has been passed against him, by inflicting punishment, he has been brought down to

Patna High Court CWJC No.1542 of 2018 (4) dt.21-08-2018 the minimum scale and period from 25.9.2011 to 5.11.2014 will not be treated to be break in service but he will not be entitled to any salary on the principle of no work no pay. Petitioner can not have an opportunity of appeal as this Court is of the view that there cannot be an appeal against the order passed by the Governor but maximum order can be reviewed. This case is being remanded back to the extent that the appeal will be treated to be a review and authority will pass the order in accordance with law.

This order will be kept in abeyance till a fresh order is passed.

With the aforesaid observation and direction this writ petition is disposed of.

(Shivaji Pandey, J) Vinay/- U