Patna High CourtCWJC/20273/2014dismissed

Parmanand Singh v. The State Of Bihar And ORS

2016-04-12Mr. Justice Ajay Kumar Tripathi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20273 of 2014 ===========================================================

1. Parmanand Singh son of Sri Saryu Prasad Singh, resident of Village- Khaira Kala, P.S.- Akbarpur, District- Nawada .... .... Petitioner/s

Versus

1. The State of Bihar through its Commissioner-cum-Secretary to the Government, Health Department, Bihar, Patna

2. The Director-in-Chief, Health Services, Government of Bihar, Patna

3. The Additional Secretary, Department of Health, Government of Bihar, Patna

4. The Regional Deputy Director, Health Services, Magadh Division, Gaya

5. The Civil Surgeon-cum-Chief Medical Officer, Nawada .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Siya Ram Shahi Mr. Rajesh Ranjan Kumar For the Respondent/s : Mr. SC24 S.K.MANDAL =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 12-04-2016 This writ application cannot be entertained at this juncture because Annexure-20 dated 10.04.2013 was a letter asking for showcause from the petitioner in the background indicated therein. Instead of responding to the show-cause, petitioner chose to file writ application and approached the High Court straightaway. There is no reason to believe that the authorities will not consider the explanation offered by the petitioner with regard to his engagement or otherwise before passing a final order, one way or the other.

Writ application, therefore, is pre-mature. If the petitioner has been prevented to work, it is surely due to him because if he had

Patna High Court CWJC No.20273 of 2014 dt.12-04-2016 responded to the show cause quick enough, matter would have been decided by now.

Let the petitioner, therefore, respond to the letter dated 10.04.2013 before the Civil Surgeon cum Chief Medical Officer, Nawada, who will be obliged to take a decision within three months from the date of filing of such explanation.

The continuance of the petitioner will be dependant upon the final decision taken by the State authority. Writ application is otherwise dismissed with above direction and liberty.

(Ajay Kumar Tripathi, J) R.K.Pathak/- U