, the High Court for a proper forum dispose the petition directing the petitioner to challenge the dismissal order to the Director Health Services, mandating issuance of a speaking order.
Petitioner directed to challenge orders before Director Health Services, Bihar within six weeks; Director directed to pass speaking order within 90 days.
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.4840 of 2018
======================================================
Brajendra Kumar Dwivedi s/o Late Satyanarayan Dwivedi, r/o villageSikahariya, PS- Jamui, Distt. Jamui.
| The State of Bihar and Ors. ===================== |
... ... Petitioner/s Versus ... ... Respondent/s ================================= |
|---|---|
| Appearance : | |
| For the Petitioner/s | : Mr. Kamlesh Kumar Pathak, Advocate |
| For the State of Bihar | : Mr. Nagendra Pd. Yadav, SC23 Mr. Sudhir Kumar Singh, AC to SC23 |
| For the State of Jharkhand ===================== |
: Mr. Sanjay Kumar Pandey, Advocate ================================= |
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 09-01-2024
Mr. Kamlesh Kumar Pathak, learned counsel for the
petitioner, Mr. Nagendra Pd. Yadav, learned counsel for the State of Bihar and Mr. Sanjay Kumar Pandey, learned counsel for the State of Jharkhand are present.
present writ petition has been filed for the following reliefs:
(i) For quashing the memo no. 1803 dated 15.07.2017 containing the proceedings dated 13.07.2017 of the committee headed by Civil Surgeon-Cum-Chief Medical Officer, Jamui and whereby it was resolved to dismiss the petitioner from his service as male warden at Primary Health Centre, Gidhore and as well as the memo no. 1827 dated 19.07.2017 by which consequently the Civil Surgeon-Cum-Chief Medical Officer, dismissed the petitioner from his service.
(ii) For quashing the order issued by the Incharge Medical Officer, Primary Health Centre, Gidhore vide order no. 200 dated 25.07.2017 and whereby, he restrained the petitioner to perform his duty in pursuance of memo no. 1803 dated 15.07.2017 and memo no. 1827 dated 19.07.2017.
Patna High Court CWJC No.4840 of 2018(4) dt.09-01-2024 2/2
(iii) For direction to the respondents to reinstate the petitioner to his original post as male warden at Primary Health Centre, Gidhore without any break in service and also to pay him all the legitimate dues of salary from the date of his initial appointment dated 29.09.2014 to up till now.
(iv) For any other relief/reliefs as your Lordships may deem fit and proper under the facts and circumstances of the case.
of.
(Dr. Anshuman, J)
Shahnawaz/- U
1 issue framed by the court
Whether the writ petition regarding dismissal from service should be allowed despite lack of prior challenges.
Brajendra Kumar Dwivedi
State of Bihar
State of Jharkhand
Dr. Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
