Manish Joy v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.

of 201 • Manish Joy, son of Late Shri K.N. Joy, aged about 40 years, presently posted as Ophthalmic Assistant at Primary Health Centre Devrikhurd (Bilha), Police Station Torva, District Bilaspur (C.G.) ---- Petitioner

Versus

1. State Of Chhattisgarh, through: Secretary, Department of Health and Family Welfare Mahanadi Bhawan, Mantralaya, Capital Complex, Naya Raipur, District Raipur (C.G.)

2. The Collector, Bilaspur, District Bilaspur (C.G.)

3. The Chief Medical & Health Officer, Bilaspur, District Bilaspur (C.G.)

4. The Commissioner, Division-Bilaspur, District Bilaspur (C.G.) ---- Respondents For Petitioner : Shri A.K.Yadav, Advocate.

For Respondents : Shri Dhiraj Kumar Wankhede, Govt.Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 1 8 /0 2 /2016 Heard.

(1) This Court by order dated 20.01.2016 passed in W.P. (S) No.204/2016 directed the Collector, Bilaspur to consider the petitioner's representation, but the same has not been considered & decided by the Collector, Bilaspur; and the Chief Medical & Health Officer, Bilaspur has passed the order on petitioner's representation; this order dated 4.2.2016 (Annexure P-1) passed by Chief Medical & Health Officer, Bilaspur is prima facie without

authority of law as the Collector has not considered and decided the representation of the petitioner. Accordingly, order (Annexure P-1) passed by Chief Medical & Health Officer, Bilaspur is hereby quashed. Now the Collector, Bilaspur is directed to consider and decide the petitioner's representation by speaking and well reasoned order as directed by this Court on 20.01.2016 within a period of three weeks from the date of receipt of certified copy of this order.

(2) With the aforesaid observations, the writ petition stands finally disposed of.

Sd/- (Sanjay K. Agrawal) Judge D/-