Dr.Arun Kumar Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL REVIEW No.303 of 2023 In Miscellaneous Jurisdiction Case No.1562 of 2022 ====================================================== Dr.Arun Kumar Tiwary Son of Late Shivnath Tiwary, Dismissed -Medical Officer, Leprosy Control Unit Bettiah,District West Champaran, Resident ofVillage- Ujjain Tola,Bettiah,District-West Champaran. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna, Bihar Namely Sri Amir Subhani. 2.
The Additional Chief Secretary, Mr. Pratyaya Amrit, Department of Health, Government of Bihar, Patna.
3.
The Director in Chief, Health Services, Bihar, Patna. Namely Dr. Ramesh Chandra Sahay Verma.
4.
The Joint Director, Health Services, Bihar, Patna. Namely Mr.Rameshwar Prasad Das 5.
The Additional Director, Health Services, Bihar, Patna namely Dr.Devendra Kumar Gupta.
6.
The Divisional Commissioner, Tirhut Division, Muzaffarpur namely Sri Amresh Shrivastava.
7.
The Regional Additional Director, Health, Tirhut Division, Muzaffarpur namely Dr. Gyan Shankar 8.
The Deputy Secretary, Health Services, Bihar, Vikash Bhawan, New Secretariat, Patna namely Sri Shailesh Kumar 9.
The District Magistrate, West Champaran, Bettiah namely Mr.Kundan Kumar 10.
The Civil Surgeon Cum Chief Medical Officer, Bettiah, West Champaran Namely Dr. Birendra Kumar Chaudhary.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
For the Opposite Party/s :
Mr.S.D. Yadav(Aag 9) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 12-01-2024 None appears for the review petitioner.
Patna High Court C. REV. No.303 of 2023 dt.12-01-2024 2/3 Re: I.A. No. 1 of 2023
2. Heard I.A. No. 1 of 2023 for condonation of delay in filing Civil Review petition. For the reasons stated in the application and affidavit, delay of 59 days stands condoned. Accordingly, I.A. No. 1 of 2023 stands allowed.
3. The present Civil Review petition is not maintainable as against reviewing order dated 05.07.2023 passed in MJCcontempt petition No. 1562 of 2022. In the contempt matter question of civil review is not permissible. At the best Interlocutory Application for revival of the order dated 05.07.2023 is permissible.
4. Be that as it may there is no error apparent on the face of the order dated 05.07.2023. In fact, directions issued in CWJC No. 21026 of 2018 has been extracted thereafter perused the showcause along with documents. It is also to be noted that further liberty has been given to the petitioner to approach the concerned authority or to file fresh writ petition if there are any disputed issues and in that regard he was also given liberty to file representation before the concerned authority.
5. In the light of these facts and circumstances, the present Civil Review No. 303 of 2023 does not merit
Patna High Court C. REV. No.303 of 2023 dt.12-01-2024 3/3 consideration. Accordingly, the present Civil Review petition stands dismissed.
(P. B. Bajanthri, J) abhishekkr/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.01.2024 Transmission Date NA