Patna High Court
The State Of Bihar And Ors vs Pawan Kumar Jha And Anr on 6 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.292 of 2014
In
Civil Writ Jurisdiction Case No.15687 of 2009
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1. The State Of Bihar
2. The Principal Secretary, Health Department, Bihar, Patna
3. The Director-In-Chief, Health Services, Bihar, Patna
4. The Civil Surgeon-Cum-Chief Medical Officer, Madhubani
5. The Medical Officer In-Charge, Primary Health Centre, Madhepura,
Madhubani
... ... Appellant/s
Versus
1. Pawan Kumar Jha, Son Of Late Batuk Nath Jha, Resident Of Village Bhitha
Bhagwanpur, P.S. Madhepura, District Madhubani
2. Mani Kant Jha, Son Of Late Prabodh Jha, Resident Of Village Beloun, P.S.
Bahera, District Darbhanga
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr.Pushkar Narain Shahi, AAG-6
Mr. Patanjali Rishi, Adv
For the Respondent/s : Mr. Prafull chandra Jha, Adv
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 06-12-2021
Heard learned counsel for the parties.
This LPA under Clause 10 of Letters Patent Appeal has
been preferred for setting aside the judgment and order dated
03.03.2011 in CWJC No. 15687 of 2009 (Pawan Kumar Jha &
Anr Vs. state of Bihar & Ors and its analogous cases) passed by
learned Single Judge of this Court.
Since the State has seriously challenged the authenticity
Patna High Court L.P.A No.292 of 2014 dt.06-12-2021
of the documents placed on record by the writ petitioner-
respondent herein hence disputed question of fact arise which
cannot be easily adjudicated in the present petition, as such, as
jointly prayed for we are passing the following order:-
The learned Single Judge had disposed of the writ
petition vide order dated 03.03.2011 passed in CWJC No. 15687
of 2009 (Pawan Kumar Jha & Anr Vs. state of Bihar & Ors and
its analogous cases), which is reproduced hereinbelow:-
"Having heard learned counsel for the
petitioners and learned counsel for the State, this writ
application is disposed of in terms of the order dated
18.5.2009 passed in CWJC No. 6078 of 2009 which is
annexure-18 to the writ application. The facts of this writ
application are similar to that of CWJC No. 6078 of
2009.
"The impugned order classifying the petitioners
as forged appointees in the present form is not
sustainable. It is accordingly set aside. The respondents
are granted liberty to proceed afresh against the
petitioners in accordance with law, if they so desire. In
any such proceeding, the respondents are directed to
bring within the ambit of such proceeding the officials
who appointed the petitioners or permitted them to
continue in service. If the petitioners are found to be
illegal appointees and asked to go such officers are also
required to be proceeded with simultaneously either
under the Service Rules, the Indian Penal Code or the
Bihar Pension Rules, as the case may be.
The petitioners are directed to be reinstated
subject to the aforesaid conditions."
Let the necessary exercise be carried out within
a reasonable time frame.
Against the order passed by learned Single Judge State
of Bihar had preferred this appeal in which on 10.11.2020
Patna High Court L.P.A No.292 of 2014 dt.06-12-2021
following order was passed:-
"10.11.2020
Learned counsel, who appears on behalf of the
respondent herein/original writ-petitioner, prays for an
adjournment.
On behalf of the State, it is pointed out that the
matter in issue is squarely covered vide judgment dated
17th of October, 2019 passed by Hon'ble the Apex
Court in Civil Appeal No. 7879 of 2019 arising out of
S.L.P. (Civil) No. 11885 of 2012 titled as State of Bihar
Vs. Devendra Sharma.
To enable the learned counsel for the writpetitioner
to complete his instructions as also peruse the aforesaid
judgment, matter is adjourned.
List in the category of 'Order Matters' on 7 th of
December, 2020."
It is not in dispute before us that the issue with regard to
the appointments, whether illegal or irregular now stands settled
vide judgment of Hon'ble the Apex Court in the case of State
of Bihar and Ors. vs. Devendra Sharma since reported in
(2020) 15 SCC 466.
The writ petitioner/respondent case is now to be
factually verified in view of the principles enunciated in the said
decision.
In this view of the matter, as jointly prayed for, we
dispose of the present appeal with a direction to the appellant
authority to consider the case of the writ petitioner/respondent
Patna High Court L.P.A No.292 of 2014 dt.06-12-2021
herein in the light of the ratio laid down in Devendra Sharma
(supra).
Writ petitioner/respondent herein shall approach the
appellant authority within a period of four weeks for which
period status quo as on date shall be maintained, failing which
there shall be automatic vacation of the order, with all
consequences to follow.
However, as and when any such request is received, the
same shall be considered and decided in accordance with law
within a period of two months thereafter. The authority shall
pass an order accounting for all the attending facts and
circumstances of the present case, including the law laid down
by the Hon'ble Apex Court in Devendra Sharma (supra).
Whether the writ petitioner/respondent's appointment is illegal
or irregular would be examined with all resultant consequences.
Copy of the order assigning reason shall be supplied to
the writ petitioner/respondent herein .
Liberty reserved to writ petitioner/respondent herein to
approach the court, should the need so arise subsequently, on the
same and subsequent cause of action.
The appeal stands disposed of with aforesaid observation
and direction.
Patna High Court L.P.A No.292 of 2014 dt.06-12-2021
Interlocutory application (s), if any, shall stand disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
ranjan/-sanjay
AFR/NAFR
CAV DATE
Uploading Date
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