Dismissed¶20

Dr. Guru Dayal Kumar Sinha v. The State of Bihar

Patna HC2 May 2024CWJC/4145/2020

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What is this about?

Patna High Court CWJC No.4145 of 2020, decided 02-05-2024 by Dr. Anshuman, J. Writ petition by a Medical Officer challenging a 2007 punishment order of the Health Department, Government of Bihar (breakage in service of 155 days, censor, stoppage of five non-cumulative increments). Dismissed solely on the ground of a 13-year delay/laches; no decision on merits. Useful for searches on delay in filing writ petitions, exhaustion of punishment, and service matters involving the Bihar Health Department.

What did the court decide?

The Court was not inclined to entertain the writ petition solely because it was filed with a delay of 13 years from the impugned order. ¶20

Dr. Guru Dayal Kumar Sinha Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4145 of 2020

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Dr. Guru Dayal Kumar Sinha son of Late Dr. Muneshwar Dayal resident of Mohalla- Ramdhanpur, Post Office and Police Station- Kotwali, DistrictGaya at present posted as Medical Officer, Primary Health Centre, Sonbarsa Block, District- Sitamarhi.

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... ... Petitioner/s

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Versus

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

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The Commissioner-cum- Secretary, Health Department, Government of Bihar, Patna.

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The Joint Secretary, Health Department, Government of Bihar, Patna.

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The Civil Surgeon-cum- Chief Medical Officer, Sitamarhi.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Kishun Chand Kumar Sinha, Advocate For the Respondent/s : Mr.Binod Kr. Yadav (SC-18) ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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4 02-05-2024

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Heard learned counsel for the petitioner and learned

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counsel for the State.

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The present writ petition has been filed challenging the order contained in letter No.788(9)/Health, Patna dated 06.09.2007 issued by Joint Secretary, Health Department, Government of Bihar, Patna, whereby he has been granted breakage in service of 155 days from January, 2003, censor and stoppage of five increment from non-cumulative effect.

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Learned counsel for the State has raised preliminary objection and submits that the said punishment

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Patna High Court CWJC No.4145 of 2020(4) dt.02-05-2024 2/2

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imposed by letter dated 06.09.2007 (impugned order) has already exhausted much earlier and petitioner has filed the writ petition after 13 years of the passing of the order.

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In this background, this Court is not inclined to entertain the writ petition, which has been filed with a delay of 13 years. On this ground, this writ petition is dismissed.

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(Dr. Anshuman, J)

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Mkr./-

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Dr. Guru Dayal Kumar Sinha v. The State of Bihar

Case brief

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Dr. Guru Dayal Kumar Sinha v. The State of Bihar

Case brief

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