Patna High Court
Md. Fakhir Usmani vs The State Of Bihar on 11 January, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10581 of 2020
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Md. Fakhir Usmani S/o- Md. Salim Resident of Mohalla- Dumduma, P.O. and
P.S.- Laheriasarai, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Health Department,
Govt. of Bihar, Patna.
2. The Director in Chief, Health Service, Govt. of Bihar, Patna.
3. The Principal Secretary, General Administrative Department, Govt. of Bihar,
Patna.
4. The Director, Department of Health, Govt. of Bihar, Patna.
5. The Superintendent, Darbhanga Medical College Hospital, Laheriasarai,
Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Nafisuzzoha, Advocate
For the Respondent/s : Mr. S.D. Yasav, AAG-9
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 11-01-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19
pandemic.
2. In the instant petition, petitioner has prayed for
following reliefs:-
"a. For issuance of a writ in the
nature of certiorari or any other appropriate
writ order and direction commanding the
Respondents for quashing the office order
dated 05-07-2020 contained in Memo No. 2513
passed/ issued by the Superintendent,
Darbhanga Medical College Hospital,
Laheriasarai, Darbhanga (Resp. No. 5)
Patna High Court CWJC No.10581 of 2020 dt.11-01-2022
whereby where under the superintendent
(Resp. No. 5) removed the petitioner from his
service in the period of covid 19 who was
working on the post of O.T. Assistant in
D.M.C.H., Laheriasarai since 13-07-2010 and
cancelled the contract arbitrarily.
b. Any other appropriate relief or
reliefs may granted in favour of the petitioner
as your lordship may deem fit and proper.
c. During the pendency of the writ
application the petitioner be allowed to remain
continue in his service and to perform his duty
as O.T. Assistant in D.M.C.H., Laheriasarai."
3. The petitioner without exhausting statutory remedy
of appeal presented this petition.
4. Therefore, the present petition is pre-mature to
entertain in the light of Apex Court decision in the case of State
of Jammu and Kashmir V. R.K. Zalpuri reported in AIR 2016
SC 3006 at para 20 held as under:
"20. Having stated thus, it is useful to
refer to a passage from City and Industrial
Development Corporation V. Dosu Aardeshir
Bhiwandiwala and Others, wherein this Court while
dwelling upon jurisdiction under Article 226 of the
Constitution, has expressed thus:-
"The Court while exercising its
jurisdiction under Article 226 if duty-bound to
consider whether:
(a) adjudication of writ
petition involves any complex and
disputed questions of facts and
whether they can be satisfactorily
resolved;
(b) the petition reveals all
material facts;
(c) the petitioner has any
alternative or effective remedy for the
resolution of the dispute;
Patna High Court CWJC No.10581 of 2020 dt.11-01-2022
(d) person invoking the
jurisdiction is guilty of unexplained
delay and laches;
(e) ex facie barred by any
laws of limitation;
(f) grant of relief is against
public policy or barred by any
valid law; and host of other
factors."
5. Accordingly, the present petition stands disposed of
reserving liberty to the petitioner to prefer appeal before the
appellate authority. If such appeal is filed within a period of
eight weeks from the date of receipt of this order, the same shall
be decided by the appellate authority within a period of four
months from the date of receipt of petitioner's appeal.
(P. B. Bajanthri, J)
rakhi/-
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