Patna High Court
The State Of Bihar And Ors vs Binay Kumar Jha on 6 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.8 of 2014
In
Civil Writ Jurisdiction Case No.11806 of 2009
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1. The State Of Bihar
2. The Principal Secretary, Health Department, Bihar, Patna
3. Director In Chief, Health Services, Bihar, Patna
4. Civil Surgeon Cum Chief Medical Officer, Madhubani
5. Incharge Medical Officer, Primary Health Centre, Pandaul, Madhubani
... ... Appellant/s
Versus
Binay Kumar Jha Son Of Bashistha Narayan Jha Resident Of Village -
Baragan, Police Station - Pandaul, District - Madhubani
... ... 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. Prafful 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
12.11.2009 in CWJC No. 11806 of 2009 (Binay Kumar Jha Vs.
State of Bihar & Ors) passed by learned Single Judge of this
Court.
Since the State has seriously challenged the authenticity
of the documents placed on record by the writ petitioner-
respondent herein hence disputed question of fact arise which
Patna High Court L.P.A No.8 of 2014 dt.06-12-2021
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 12.11.2009 passed in CWJC No. 11806 of
2009 (Binay Kumar Jha Vs. State of Bihar & Ors), which is
reproduced hereinbelow:-
"Heard Counsel for the petitioner and the
counsel appearing for the State.
Petitioner has prayed for quashing the order
dated 9.9.2008 prepared by the High Level Committee
constituted in the light of the direction by the High Court
in LPA No. 946 of 2003 (The State of Bihar and others
Vs. Purendra Sulan Kit and others). The High Level
Committee scrutinized the cases of several Class III and
Class IV employees working in the Health Department
and terminated from their service on the ground that they
were not validly appointed. In its report the Committee
has fixed the services of the petitioner in the illegal
category.
Petitioner's case is that the Committee for
scrutinizing the validity of appointment of different
employees fixed guidelines for putting him in illegal,
forged and irregular category. In the case of the
petitioner standard, fixed by the Committee has been
ignored. The Committee had decided that employees
who fulfilled four criterions will be put in irregular
category. Petitioner's case is that those four criterions
related to appointment sanctioned post, having requisite
qualification, appointment by the competent authority
and continuation on the post for more than ten years
without any intervention of the Court's order. Petitioner
fulfilled all four criterions, and thus was entitled for
being put in the irregular category. Ignoring all these, he
was put in illegal category.
It is also submitted by the petitioner's counsel
that his case is fully covered by the recent judgment of
this Court in CWJC No. 6575 of 2009 and analogous
cases, wherein the cases of similarly situated employees
of the Health Department have been decided and the
Patna High Court L.P.A No.8 of 2014 dt.06-12-2021
inquiry report quashed considering it on different
grounds.
I find that for the reasons stated above and also
that the case of petitioner was fully covered by the
judgment of this Court passed in CWJC No. 6575 of
2009 and analogous cases, the inquiry report submitted
against the petitioner is quashed. Petitioner's case as per
the guidelines of the inquiry report itself should have
been put in irregular category, in that case, there is
specific direction for his reinstatement on the post. The
respondents are directed to reinstate the petitioner on the
post with consequent benefits.
With the aforesaid directions and observations,
the writ application stands disposed of."
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
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
Patna High Court L.P.A No.8 of 2014 dt.06-12-2021
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
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
Patna High Court L.P.A No.8 of 2014 dt.06-12-2021
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.
Interlocutory application (s), if any, shall stand disposed
of.
(Sanjay Karol, CJ)
(S. Kumar, J)
ranjan/sanjay-
AFR/NAFR
CAV DATE
Uploading Date 10.12.2021
Transmission Date
