Dr. Anirudh Singh vs The State Of Bihar
2023 Latest Caselaw 5231 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.8714 of 2023
     ======================================================

Dr. Anirudh Singh Son of Late Ganesh Singh, Resident of 450, Laxmi Nagar, Hajipur, P.S. Industrial Thana, District- Hajipur.

... ... Petitioner/s Versus

1. The State of Bihar.

2. The Civil Surgeon-cum-Chief Medical Officer, Vaishali at Hajipur.

3. The Special Secretary, Department of Health, Government of Bihar, Patna.

4. The Dy. Secretary, Department of Health, Government of Bihar, Patna.

5. The Principal Secretary, Department of Health, Government of Bihar, Patna.

6. Dr. Avani Kumar, Son of Durga Prasad Sah, Patori Station Road, Samastipur presently posted as Medical Officer, In-charge, Primary Health Centre, Patepur, Vaishali at Hajipur.

7. The District Magistrate, Vaishali at Hajipur.

8. The Principal Accountant General, Bihar, Patna.

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

For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate For the Respondent/s : Mr. S. D. Yadav, AAG-9 For the A.G., Bihar : Mr. Binod Kumar Labh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 10-10-2023 Heard Mr. Shailendra Kumar Singh, learned

counsel appearing on behalf of the petitioner, Mr. Binod Kumar

Labh, learned counsel appearing on behalf of the Accountant

General, Bihar and Mr. S. D. Yadav, learned AAG-9 appearing

on behalf of the State.

2. Learned counsel appearing on behalf of the

petitioner submits that due to non-issuance of No Objection

Certificate on the ground of latches on the part of Respondent

No.6. The Disbursing Officer being the Chief Medical Officer, Patna High Court CWJC No.8714 of 2023 dt.10-10-2023

Patepur, Vaishali is solely responsible for such

misappropriation, for which the petitioner can not be allowed to

suffer.

3. As such, the Disbursing Officer being the Chief

Medical Officer, Patepur, Vaishali is directed to issue the No

Objection Certificate of the petitioner and send it to the Treasury

Officer, Vaishali without fail. The present writ petition is

disposed of with direction to the Chief Medical Officer, Patepur,

Vaishali as well as, the Treasury Officer, Vaishali to ensure the

payment of the entire amount of the pensionary benefit to the

petitioner.

4. The petitioner shall be at liberty to take

appropriate legal action against the Chief Medical Officer or the

Treasury Officer in case of failure on their part in making the

payment to him.

(Purnendu Singh, J.) Ashishsingh/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          16.10.2023
Transmission Date       NA