Patna High Court
Upendra Kumar Singh vs The State Of Bihar And Ors on 6 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1644 of 2014
In
Civil Writ Jurisdiction Case No.20511 of 2011
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Upendra Kumar Singh S/o Sri Pashupati Nath Singh Resident of Village
Madhurapur, Police Station Teghra, District Begusarai.
...Petitioner ... Appellant/s
Versus
1. The State Of Bihar through Principal Secretary, Department of Health,
Govt. of Bihar, Patna
2. Director-in-Chief, Health Services, Govt. of Bihar, Patna.
3. Deputy Director Family Welfare Health Service, Bihar, Patna.
4. Civil Surgeon-cum-Chief Medical Officer, Begusarai.
5. Incharge Medical Officer, Primary Health Centre, Barauni, District
Begusarai.
... ... 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. Gajanan Arun, 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
01.09.2014 in CWJC No. 20511 of 2011 (Upendra Kumar Singh
& 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
of the documents placed on record by the writ petitioner-
Patna High Court L.P.A No.1644 of 2014 dt.06-12-2021
appellant herein, hence disputed questions 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 01.09.2014 passed in CWJC No. 20511
of 2011 (Upendra Kumar Singh & Anr Vs. State of Bihar & Ors
and its analogous cases).
Against the order passed by learned Single Judge
appellant 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
Patna High Court L.P.A No.1644 of 2014 dt.06-12-2021
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/appellant's 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 respondent
authority to consider the case of the writ petitioner/appellant in
the light of the ratio laid down in Devendra Sharma (supra).
Appellant shall approach the respondent 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/appellant's appointment is illegal or
irregular would be examined with all resultant consequences.
Patna High Court L.P.A No.1644 of 2014 dt.06-12-2021
Copy of the order assigning reason shall be supplied to
the writ petitioner/appellant.
Liberty reserved to writ petitioner/appellant 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
