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Patna High CourtMJC/2465/2022disposed

Dr. Kavindra Prasad Singh @ Kabindra Prasad Singh v. The State Of Bihar Through The Additional Chief Secretary Shri Pratya Amrit

2023-11-10Mr. Justice P. B. Bajanthri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2465 of 2022 In Civil Writ Jurisdiction Case No.738 of 2022 ====================================================== Dr. Kavindra Prasad Singh @ Kabindra Prasad Singh S/o Late Rameshwar Singh Resident of Sarju Nivas, Ram Jaipal Nagar Colony Nasriganj, P.S. - Danapur, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary Shri Pratya Amrit Son of name not to the petitioner Health Department, Govt. of Bihar, Patna. 2.

Shri Ram Ishwar son of name not known to the petitioner Joint Secretary Health Department, Govt. of Bihar, Patna.

3.

Shrimati Renu Kumari (Under Secretary/OSD) son of name not known to the petitioner Under Secretary, Health Department, Govt. of Bihar, Patna. 4.

Shrimati Netu Agarwal son of name not to the petitioner Regional Additional Director, namely Health Department, Govt. of Bihar, Patna. 5.

Dr. Kaushal Kishore Prasad son of name not to the petitioner Civil Surgeon, Kishanganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar, Advocate For the Opposite Party/s :

Mr. S.D. Yadav (AAG 9) Mr. Anil Kumar Verma, AC to AAG 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL ORDER 10-11-2023 Pursuant to the order dated 19.05.2022 passed in CWJC No. 738 of 2022, Mr. Pratya Amrit, Additional Chief Secretary, Health Department, Govt. of Bihar is present in Court. He has given instructions to the State Counsel to the extent that order of this Court has been complied in two installment. On 04.08.2022 while promoting the petitioner as Additional Chief Medical Officer on ad hoc basis and further departmental inquiry has been concluded on 08.11.2023 in

Patna High Court MJC No.2465 of 2022(8) dt.10-11-2023 2/2 which petitioner has been exonerated. In view of these development, the present MJC-contempt petition does not survive for consideration. However, the respondents are hereby directed to regularize the ad hoc promotion to the post of Additional Chief Medical Officer from the date of the petitioner's junior and extend difference of salary, re-fix his pay in the post of Additional Chief Medical Officer and grant all monetary benefits including re-fixation of pay and pension on the post of Additional Chief Medical Officer. Such action shall be taken within a period of three months from the date of receipt of this order. Failing which the petitioner is at liberty to file interlocutory application to revive this order after three months.

2. With the above observations, the proceeding of present MJC-contempt petition stands dropped. (P. B. Bajanthri, J) abhishekkr/- U