Patna High Court
The State Of Bihar And Ors vs Chandra Shekhar Sharma on 6 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.127 of 2015
In
Civil Writ Jurisdiction Case No.7890 of 2009
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1. The State Of Bihar through The Chief Secretary, Government of Bihar,
Patna
2. The Secretary-cum-Commissioner, Department of Health Education and
Family Welfare, Govt. of Bihar.
3. Director-in-Chief, Health Services, Government of Bihar, Patna.
4. Regional Deputy Director, Health Services, Magadh Division, Gaya.
5. The Civil Surgeon-cum-Chief Medical Officer, Aurangabad.
6. The Civil Surgeon-cum-Chief Medical Officer, Jehanabad.
... ... Appellant/s
Versus
Chandra Shekhar Sharma S/o Late Braj Kishore Singh Resident of Village
Sanda, P.S. Tekari, in the District of Gaya.
... ... 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
06.10.2009 in CWJC No. 7890 of 2009 (Chandra Shekhar
Sharma 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.127 of 2015 dt.06-12-2021
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 06.10.2009 in CWJC No. 7890 of 2009
(Chandra Shekhar Sharma Vs. State of Bihar & Ors and its
analogous cases).
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
None appears on behalf of the writ-petitioner.
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.
As none has appeared, list in the category of '
Order Matters' on 27th 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.
Patna High Court L.P.A No.127 of 2015 dt.06-12-2021
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
or irregular would be examined with all resultant consequences.
Copy of the order assigning reason shall be supplied to
Patna High Court L.P.A No.127 of 2015 dt.06-12-2021
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
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