Abha Chaudhary vs The State Of Bihar
2023 Latest Caselaw 74 Patna

Citation : 2023 Latest Caselaw 74 Patna
Judgement Date : 3 January, 2023

Patna High Court

Abha Chaudhary vs The State Of Bihar on 3 January, 2023

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.20505 of 2021
     ======================================================

Abha Chaudhary, Proprietor of the Firms Ganpati Drugs, Premise situated at Basant Market, Shekhpur, Zero Mile Road, Muzaffarpur- 842002, W/o Hari Shankar Chaudhary, R/o Mohalla and P.O.- Shekhpur, Gali No.3, Zero Mile Road, Muzaffarpur, P.S.- Ahiyapur, District- Muzaffarpur.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary, Health Dept, Govt. of Bihar, Patna.

2. The Principal Secretary, Health Department, Government of Bihar.

3. The Principal, Nalanda Medical College, Hospital, Patna.

4. The Superintendent, Nalanda Medical College Hospital, Patna.

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Respondent/s : Mr. Rajeshwar Singh, GA-10 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 03-01-2023

Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- Patna High Court CWJC No.20505 of 2021 dt.03-01-2023

Having heard learned counsel for the parties, we are

of the considered view that the impugned order dated

09.11.2021, passed by respondent no.4, namely the

Superintendent, Nalanda Medical College and Hospital, Patna,

(Annexure-18, page 46) needs to be quashed, for even though

the respondents alleged to have issued notice to show cause and

the petitioner to have responded thereto, but however, in the

absence of any proof thereof and non-reference of such fact in

the impugned order and the specific averments made by the

petitioner in paragraph no. 28 of the petition to the effect that he

was never issued any show cause notice, we quash and set aside

the order dated 09.11.2021, passed by respondent no.4, namely

the Superintendent, Nalanda Medical College and Hospital,

Patna, (Annexure-18, page 46), whereby the petitioner stands

blacklisted for a period of five years.

The order blacklisting the petitioner entails civil and

penal consequences. Also, there is violation of principles of Patna High Court CWJC No.20505 of 2021 dt.03-01-2023

natural justice.

As such, the petition is allowed with the following

mutually agreeable directions:-

(a) The impugned order dated 09.11.2021, passed by

respondent no.4, namely the Superintendent, Nalanda Medical

College and Hospital, Patna, (Annexure-18, page 46) stands

quashed and set aside;

(b) Petitioner shall make himself available in the

office of Respondent No. 4, namely, the Superintendent,

Nalanda Medical College and Hospital, Patna on 16th of January,

2023 at 10:30 A.M., when a date shall be fixed enabling the

petitioner to present his case;

proceedings;

(d) After affording opportunity of hearing to the

petitioner, a fresh order, assigning reasons, shall be passed by

the said officer within a period of two weeks thereafter;

(e) The order assigning reasons shall be

communicated to the petitioner;

(f) Liberty is reserved to the petitioner to take

recourse to such alternative remedies as are otherwise available

in accordance with law;

Patna High Court CWJC No.20505 of 2021 dt.03-01-2023

(g) We are hopeful that as and when petitioner takes

recourse to such remedies, as are otherwise available in law,

before the appropriate forum, the same shall be dealt with, in

accordance with law and with reasonable dispatch;

(h) Also, liberty reserved to the petitioner to approach

the Court, should the need so arise subsequently on the same

and subsequent cause of action.