The State Of Bihar And Ors vs Ashok Kumar
2021 Latest Caselaw 5871 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Letters Patent Appeal No.15 of 2014
                                         In
                   Civil Writ Jurisdiction Case No.14891 of 2009
     ======================================================

1. The State Of Bihar, Through The Principal Secretary, Department of Health, Government of Bihar, Patna.

2. Director In Chief, Health Services, Government Of Bihar, Patna.

3. Regional Deputy Director, Health Services, Darbhanga Division, Darbhanga.

4. Civil Surgeon Cum Chief Medical Officer, Madhubani.

5. Incharge Medical Officer, Primary Health Centre, Rajnagar, Madhubani.

6. Incharge Medical Officer, Additional Primary Health Centre, Singhion Kahatai Rajnagar Madhubani.

... ... Appellant/s Versus Ashok Kumar Son Of Kamaldeo Singh Resident Of Mohalla - Chandmari Road, P.S.- Kankarbagh, Town and District - Patna.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr.Pushkar Narain Shahi, AAG-6 Mr. Patanjali Rishi, Adv For the Respondent/s : Mr. Shiv Kumar, Adv ====================================================== 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

30.11.2009 in CWJC No. 14891 of 2009 (Ashok Kumar 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.15 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 30.11.2009 passed in CWJC No. 14891 of

2009 (Ashok Kumar Vs. State of Bihar & Ors and its analogous

cases), which is reproduced hereinbelow:-

"Heard the counsels for the petitioners and the counsel appearing for the state.

Petitioners, in all these writ applications, have prayed for quashing of the report submitted by Five Men Committee instituted by the Department of Health on the direction of High Court in L.P.A. No. 946 of 2003 & analogous cases. Inquiry report has put the appointment of petitioners either in forged or illegal category. Almost all the petitioners have stated that the Inquiry Committee did not afford any opportunity to them to defend their cases, relevant documents were not considered and in violation of rule of natural justice as well as without following the procedure for termination, petitioners have been terminated from their services on the basis of the Inquiry report.

The issue has already been decided by this court in the similar matter in C.W.J.C. No. 6575/09 & analogous cases where the Inquiry Report of Five Men Committee has been quashed.

Accordingly, in these writ applications also, the inquiry report relating to these petitioners whereby they have been either put in the category of illegal or forges appointees is quashed. The impugned termination orders issued against the petitioners in their respective cases are also quashed.

These writ applications are allowed. The respondents are directed to reinstate the petitioners where they were earlier working, with all consequential benefits."

Patna High Court L.P.A No.15 of 2014 dt.06-12-2021

Against the order passed by learned Single Judge State

of Bihar had preferred this appeal in which on 10.11.2020

following order was passed:-

"10.11.2020 Shri Shiv Kumar, 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 writ-petitioner to complete his instructions as also peruse the aforesaid judgment, matter is adjourned.

List in the category of 'Order Matters' on 26th of November, 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.15 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.15 of 2014 dt.06-12-2021

Interlocutory application (s), if any, shall stand disposed

of.

(Sanjay Karol, CJ)

( S. Kumar, J) ranjan/sanjay-

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