Kailash Chaudhari vs The State Of Bihar
2021 Latest Caselaw 5919 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.5498 of 2020
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Kailash Chaudhari Son of Prabhu Chaudhari, resident of Village and P.O.- Akauna Bazar, P.S. Muffasil, District-Nawada.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Health Department, Government of Bihar, Patna.

2. The Director-in-Chief, Health Services, Health Department, Government of Bihar, Patna.

3. The Executive Director, State Health Society, Bihar, Patna.

4. The District Magistrate-cum-Chairman, District Health Society, Nawada.

5. The Civil Surgeon-cum-Member Secretary, District Health Society, Nawada.

6. The Incharge Medical Officer, Primary Health Centre, Govindpur, District-

Nawada.

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

For the Petitioner/s : Mr. Vijay Kumar Singh, Advocate For the Respondent/s : Mr. S.D. Yadav (AAG 9) For Respondent No. 3 : Mr. K.K. Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 07-12-2021

Heard learned counsel for the parties.

In the instant petition, petitioner has prayed for

following relief/reliefs:

"(i) For issuance of an appropriate writ in the nature of CERTIORARI for quashing the order dated 05.02.2020 passed by the Respondent no. 5 and contained in his memo no. 241 dated 05.02.2020 whereby and where under the Respondent no. 5 has been pleased to terminate the petitioner from the post of Block Accountant, Primary Health Centre, Govindpur as also cancel the contract of the petitioner on the ground that the impugned order of termination has been passed without asking any show-cause notice or opportunity of hearing to the petitioner.

Patna High Court CWJC No.5498 of 2020 dt.07-12-2021

(ii) For issuance of an appropriate writ in the nature of MANDAMUS, commanding and directing the Respondent Authorities to reinstate the petitioner in service with full back wages and continuity in service as also to restore the contract of the petitioner.

(iii) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner shall be found entitled under the facts and circumstances of the case."

During pendency of the present petition, petitioner's

grievance has been redressed by the Appellate Authority on

05.11.2020 in setting aside the order of termination dated

05.02.2020. In the light of the later development, the present

petition do not survive for consideration.

Accordingly, petition stands disposed off reserving

liberty to the petitioner to question the validity of the order dated

05.11.2020 of the Appellate Authority by which the petitioner has

been denied the back-wages.

(P. B. Bajanthri, J)

GAURAV S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          12.12.2021
Transmission Date       NA