Shiv Shankar Prasad Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17393 of 2024 ====================================================== Dr. Syed Shahzadul Haque @ Dr. S.S. Haque Son of S.A. Haque, Resident of Village - Shakoor Colony Indirapuri P.S.- Sheikhpura, District- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna.

2.

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

The Director, Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna. 4.

The Deputy Director (Admin.), Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna.

5.

The Dean, Indira Gandhi Institute of Medical Sciences, Sheikhpura, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Kumar, Advocate For the State :

Mr. Jitendra Kr. Roy- 1, SC(13) Mr. U.R. Singh, AC to SC-13 For AG Bihar :

Mrs. Ritika Rani, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-11-2024 Heard Mr. Shiv Kumar, learned counsel appearing on behalf of the petitioner; Mr. Jitendra Kr. Roy-1, learned SC13, along with Mr. U.R. Singh, learned AC to SC-13, appearing on behalf of the State and Mrs. Ritika Rani, learned counsel appearing on behalf of the Accountant General, Bihar.

2. Learned counsel appearing on behalf of the petitioner informed this Court that the petitioner being aggrieved by the inaction of the respondent authorities, who have not taken any action on the representation dated 02.09.2024 filed on behalf of the petitioner for considering his case in light of Rule 4(c) of the Bihar Litigation Policy, 2011.

3. Learned counsel appearing on behalf of the State submits that in view of the settled principle of law laid down by the Apex Court in case of P. Grover Vs. State of Haryana

Patna High Court CWJC No.17393 of 2024(2) dt.18-11-2024 2/2 reported in AIR 1983 SC 1060 and a Division Bench judgment of this Court dated 22.04.2016 passed in LPA No 1686 of 2010, the petitioner has been penalized.

4. Considering the information given on behalf of the petitioner, the Principal Secretary, Agriculture Department must forthwith take action to comply with in accordance with the provision of the Bihar Litigation Policy, 2011 and don't complicate the matter in any manner, calling for initiating a proceeding of contempt against him.

5. The authorities are directed to dispose of the representation filed by the petitioner in the light of the judgment passed by the Apex Court in case of P. Grover (supra) and the judgment passed by the Division Bench of this Court in LPA No 1686 of 2010 dated 22.04.2016, as well as, in accordance with the mandate of Bihar Litigation Policy, 2011, which empowers the authorities to exercise at their own level to settle the dispute by applying the settled law in exercising of their power.

6. Accordingly, this writ petition stands disposed of. (Purnendu Singh, J) Harshita/- U