Dr. Prakash Jaiswal v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR REVP No. 153 of 2019 • Dr. Prakash Jaiswal S/o Shri Sukhdev Prasad Jaiswal Aged About 31 Years R/o Banaras Road Village- Jaijaipur, Post Latori, District- Surajpur, Chhattisgarh ---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department of Health And Family Welfare, Mahanadi Bhawan, New Mantralya, New Raipur, DistrictRaipur, Chhattisgarh
2. The Director Through Medical Education Directorate Of Medical Education, Old Nurses Hostel, DKS Bhawan, Raipur, District- Raipur, Chhattisgarh
3. Dr. Someshwar Kahara S/o Shri Bhimsen Kahara Aged About 31 Years R/o Room No. 23, Junior Resident Block, CIMS Boys Hostel, Bilaspur, Chhattisgarh, Presently Posted As Junior Resident, CIMS, Bilaspur, DistrictBilaspur, Chhattisgarh ---- Respondents Petition for review (By circulation in Chamber) Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Rajani Dubey Order passed on 23/08/2019 Per Manindra Mohan Shrivastava, J.
Review of order dated 29/07/2019 has been sought on two counts. Firstly, the review petitioner has repeated those very grounds which were already considered and decided by this Court against the petitioner that he cannot be treated as in service candidate.
Secondly, new grounds have been taken that if the petitioner would not have been granted admission, he would have opted for other courses and further that even if the petitioner remained absent from service for a period of five years, then also, the services could not be terminated unless the same is approved by the appointing authority as per the provisions contained in Rule 10 of the Chhattisgarh Civil Services (Leave) Rules, 2010.
All through, during arguments raised before this Court, none of the additional grounds which are now being raised, were raised and which could be raised. The review petition appears to be more an appeal in disguise and therefore, dismissed.
Sd/- Sd/- (Manindra Mohan Shrivastava) (Rajani Dubey) Judge Judge Deepti