Mintu Kumar Dutta vs The State Of Bihar And Ors
2023 Latest Caselaw 2435 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.12045 of 2016
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Mintu Kumar Dutta son of Ashok Kumar Dutta Resident of village and P.S.- Bousi, District- Banka.

... ... Petitioner/s Versus

1. The State Of Bihar through the Principal Secretary Health Service, Govt. of Bihar, Patna

2. The Director in Chief, Health Service, Govt. of Bihar.

3. The District Compassionate Committee Bhagalpur through its Chairmabn the District Magistrate, Bhaga

4. The District Compassionate Committee Banka through its Chairmabn the District Magistrate, Banka.

5. The Civil Surgeon cum the Chief Medical Officer, Bhagalpur.

6. The Civil Surgeon cum the Chief Medical Officer, Banka.

7. The In-Charge Medical Officer, Referral Hospital Katouriya, Banka.

8. Ashok Kumar Duatta son of Late Madhusudan Prasad Dutta, Resident of village and P.S.- Bousi, District- Banka.

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

For the Petitioner/s :

For the Respondent/s : Mr. Avinash Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 16-05-2023

No one appears on behalf of the petitioner.

2. In the instant petition, petitioner has prayed for the

following relief/reliefs:

"i. For issuance of an appropriate writ in the nature of Certiorari for quashing the order/decision of the District Compassionate Committee, Banka on 30.03.2011 vide memo no. 29.09.2011 21 (Pr.) Est. Banka dated 30.03.2011 issued under the signature of the respondent no. 3 whereby and whereunder the application filed by the petitioner on the basis of compassionate ground, was rejected on account of delayed request (Annexure - 8).

Patna High Court CWJC No.12045 of 2016 dt.16-05-2023

ii. For issuance of an appropriate writ in the nature of Mandamus, Commanding and directing the respondent no. 04 to appoint the petitioner on the compassionate ground.

iii. For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the petitioners would be entitled under the facts and circumstances of the case."

3. Grievance of the petitioner is for appointing him on

compassionate ground. Perusal of the records, it is evident that

there is inordinate delay in seeking compassionate appointment.

Request of the petitioner has been rejected on the sole ground of

delay as is evident from Annexure - 8.

4. The object of providing compassionate appointment is to

meet immediate hardship in the family. Cause of action is stated to

have occurred during the year 2009 - 2011. That apart, the

impugned memo i.e. Memo No. 29.09.2011-21(Pr.) dated

30.03.2011 whereas the present petition is presented in the year

2016, therefore, there is delay and laches on the part of the

petitioner in approaching this Court also.

5. Accordingly, present writ petition stands dismissed.

(P. B. Bajanthri, J)

GAURAV S./-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          18.05.2023
Transmission Date       NA