Dr. Kundan Kumar @ Kundan Kumar vs The State Of Bihar
2021 Latest Caselaw 934 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No. 6922 of 2020
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Dr. Kundan Kumar @ Kundan Kumar, Aged about 43 Yrs, Male, Son of Sri Baidynath Pd. Singh, Resident of Mohalla - Ward No. 28, Lohiyanagar, P.S.- Town (Lohiya Nagar O.P.), District- Begusarai.

... ... Petitioner Versus

1. The State of Bihar through Principal Secretary, Health Department, Bihar Vikash Bhawan, Bailey Road, Patna.

2. The Director, Health Services, Vikash Bhawan, Bailey Road, Patna.

3. The Executive Director, State Health Society, Bihar, Sheikhpura, Bailey Road, Patna.

4. The District Magistrate cum Chairman, District Health Society, Begusarai.

5. The Civil Surgeon-Cum-Member-Secretary, District Health Society, Begusarai.

6. ...................................... Dentist, Referal Hospital, Manjhaul, Begusarai.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Kant Singh, Advocate Mr. Chandan Kumar Kashyap, Advocate For the Respondent/s : Mr. Pankaj Kumar ( SC12 ) Mr. Kamlesh Kishore, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL JUDGMENT Date : 18-02-2021

Heard counsel for the parties.

2. The petitioner has filed this writ application for the

following reliefs:-

(I) For issuance of a writ in the nature of certiorari for quashing the order of Civil Surgeon-

cum-Member Secretary, District Health Society, Begusarai, vide memo no. 168, dated 19.2.2020 (Annexure-5) by the effect of which petitioner has been terminated with immediate effect from his Patna High Court CWJC No.6922 of 2020 dt.18-02-2021

service without any prior notice or opportunity to show cause.

(II) For issuance of writ in the nature of mandamus or any other appropriate writ directing the Respondent authorities to give all consequential reliefs to the petitioner upon restoration of the service of the petitioner.

(III) For issuance of an appropriate and interim writ, order or direction for allowing the petitioner to resume services in Referral Hospital, Manjhaul, Begusarai during the pendency of the instant writ application."

3. Short fact of the case is that vide letter no. 3418 dated

6.1.2006, the petitioner was appointed on the post of Dentist in

Referal Hospital, Manjhaul, District - Begusarai on contract basis

pursuant to an agreement, which was made between the parties.

4. It is the case of the petitioner that the service of the

petitioner on the post of Dentist was extended from time-to-time,

but on 19.2.2020, vide letter no. 169, the Civil Surgeon-cum-

Member Secretary, District Health Society, Begusarai terminated

the petitioner from his service without giving any show cause and

in violation of conditions of the agreement made between them,

which is gross violation of the principle of natural justice.

5. In this case, a counter affidavit has been filed on

behalf of respondent no. 5, in which, it has been stated that Patna High Court CWJC No.6922 of 2020 dt.18-02-2021

appointment of the petitioner was made on the post of Dentist on

contract basis till regular appointments are made by the Bihar

Public Service Commission. In paragraph - 7 of the counter

affidavit, it has been stated that as per recommendation of Bihar

Public Service Commission, 543 Dentists have already been

appointed and this petitioner does not find place in the said

appointment and thereafter, the department has taken decision to

terminate all contractual appointed Dentists.

6. In response thereof, learned counsel for the petitioner

submits that till date, no regular appointment has been made

against the post, on which, the petitioner was functioning.

7. However, counsel for the respondent/State submits

that all the regular appointed Dentists have already been posted

against sanctioned posts and in Referral Hospital, Manjhaul,

Begusarai, where petitioner was working on contract basis, was

not a sanctioned post.

8. Law is well settled that in matters of concluded

contract the parties per se are bound by the terms and conditions of

the contract and unless there is some breach of any fundamental

right of a citizen it is not for the Court to exercise its power under

writ jurisdiction because writ jurisdiction would not enforce the

terms of the contract. Contractual appointment does not give any Patna High Court CWJC No.6922 of 2020 dt.18-02-2021

right, interest or benefit of a regular appointment. For any breach

of agreement, the remedy for him would lie under common law

and not under Article 226 of the Constitution of India.

9. In the aforesaid facts and circumstances, the writ

petition stands dismissed. However, the petitioner is at liberty to

move before the appropriate forum for redressal of his grievance.

It is made clear that any finding of this Court will not prejudice the

case of the petitioner.

10. With above observation, the writ petition is

dismissed.

                                                      (Prabhat Kumar Singh, J.)

Anay
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Uploading Date        20.02.2021
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