Patna High Court
The State Of Bihar And Ors vs Birendra Singh on 6 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.13 of 2014
In
Civil Writ Jurisdiction Case No.13650 of 2008
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1. The State Of Bihar, through the Principal Secretary, Department of Health &
Family Welfare, Government of India.
2. The Director In Chief, Health Services, Government Of Bihar Patna.
3. The Regional Deputy Director, Health Services, Tirhut Division,
Muzaffarpur.
... ... Appellant/s
Versus
Birendra Singh Son Of Sri Ambika Singh Resident Of Village - Kanhauli
Rajput Tola, P.S. - Mithanpura District - Muzaffarpur.
... ... 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. suman Kumar Verma, 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. 13650 of 2008 (Birendra Singh 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-
respondent herein hence disputed question of fact arise which
Patna High Court L.P.A No.13 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 dated 06.10.2009 passed in CWJC No.
13650 of 2008 (Birendra Singh 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.
The writ petitioner/respondent case is now to be
Patna High Court L.P.A No.13 of 2014 dt.06-12-2021
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
the writ petitioner/respondent herein .
Patna High Court L.P.A No.13 of 2014 dt.06-12-2021
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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