Single Judge disposed of a writ petition challenging non-implementation of a reinstatement order. Noting a Full Bench judgment on the matter, the Court held that the case would be considered by the respondent in light of that decision.
Petitioner allowed liberty to file representation; application disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.267 of 2011
====================================================== Raja Ram Prasad S/O Sri Siya Saran Prasad Resident Of Village Keuti, P.S. Mokama, District Patna.
.... .... Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Department of Health Government of Bihar, Patna. 2. The Director in Chief, Health Services, Government of Bihar, Patna. 3. The Regional Director, Health Services, Purnea Division, Purnea. 4. The Civil Surgeon cum Chief Medical Officer, Kishanganj. 5. The Civil Surgeon cum Chief Medical Officer, Saharsa. 6. The Incharge Medical Officer, Primary Health Centre, Thakurganj, Kishanganj. 7. The Incharge Medical Officer, Primary Health Centre, Bahadurganj, Kishanganj. .... .... Respondents ====================================================== Appearance : For the Petitioner/s : Mr. Bhola Prasad For the Respondent/s : Mr. Sanjay Kr.Ii Gp15 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER
The petitioner submits that his services was confirmed vide Memo no.776 dated 19.02.1986 issued by the Additional Chief Medical Officer, Purnea along with other employees with effect from 30.12.1982. The petitioner passed Hindi Noting and Drafting examination in the year 1986. The petitioner submits that he was granted 1st Time Bound Promotion
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w.e.f. 01.02.1990. The petitioner submits that a show-cause noticed was issued vide Memo no. 1180 dated 18.08.2003 by the Civil Surgeon-cum-Chief Medical Officer, Kishanganj as to why his appointment may not be terminated. The reply of petitioner was not accepted and he was terminated from service vide memo no.1498 dated 04.11.2008 issued by the Civil Surgeon-cum-Chief Medical Officer, Kishanganj.
The petitioner has challenged the termination order dated 04.11.2008 in C.W.J.C. No.15079 of 2009, which was heard with other analogous cases and allowed by order dated 30.11.2009 and the respondents were directed to reinstate the petitioners where they were earlier working with all consequential benefits.
The State thereafter went in appeal bearing L.P.A. No.1500 of 2010 and the matter regarding validity of services of the petitioner was referred to one man committee of Hon’ble Mr. Justice Uday Sinha.
The petitioner submits that the appeal filed by the State against the order dated 30.11.2009 passed in C.W.J.C. No.15079 of 2009 was disposed of by the Division Bench vide order dated 17.05.2011.
The petitioner submits that Hon’ble Mr. Justice Uday Sinha Committee is not functioning. He further submits that
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though he has been reinstated but no work is being taken from him neither any salary is being also paid.
A counter affidavit has been filed on behalf of the State. Counsel for the State submits that the writ application of the petitioner was allowed by the learned Single Judge on technical ground of reasonable procedures and principles of natural justice.
Counsel for the petitioner submits that the learned Single Judge did not observe that the appointment of the petitioner was not forged.
The issue in question is now covered and decided by a Full Bench of this Court, of which I was also a member, in case of Ram Sevak Yadav Vs. The State of Bihar & Ors. passed in C.W.J.C. No. 267 of 2010 disposed of on 01.02.2013. The case of the petitioner can now only be considered by respondent concerned in the light of Full Bench judgment.
It will be open for the petitioner to file a representation before the Director, Health Services, Bihar stating that his appointment was an irregular appointment in contra distinction from illegal appointment.
With the aforesaid liberty, this application is disposed of.
(Samarendra Pratap Singh, J)
Uday/-
1 issue framed by the court
Whether the termination of the petitioner's services can be considered in light of the Full Bench judgment in Ram Sevak Yadav Vs. The State of Bihar & Ors.
Colour shows how this judgement treated each authority
Ram Sevak Yadav Vs. The State of Bihar & Ors.Distinguished¶19
Ram Sevak Yadav Vs. The State of Bihar & Ors. passed in C.W.J.C. No. 267 of 2010
Raja Ram Prasad
The State of Bihar
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
