Dr. Vijay Kumar vs The State Of Bihar
2023 Latest Caselaw 4263 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CIVIL REVIEW No.363 of 2019
                                            In
                        Letters Patent Appeal No.1510 of 2018
     ======================================================

Dr. Vijay Kumar S/o Late Rameshwar Paswan Resident of Mohalla- Bariyusufpur, P.o.- Hajipur, P.s.- Industrial Area, Hajipur, District- Vaishali, Bihar, presently posted as Medical Officer, Referral Hospital, P.o.- Meriganj, P.s.- Raniganj, Distt.- Araria ... ... Petitioner/s Versus

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

2. The Principal Secretary Health Department, Govt. of Bihar, Patna

3. The Deputy Secretary Health Department, Govt. of Bihar, Patna

4. The Under Secretary Health Department, Govt. of Bihar, Patna

5. The Joint Director Health Services, Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s     :      Mr. Deepak Kumar, Advocate
                                     Mr. Kishore Kunal, Advocate
     For the Opposite Party/s :      Mr. AG

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)

Date : 04-09-2023

The present review petition is for deletion of

observation made in L.P.A. No. 1510 of 2018 dated 23.04.2019, in

the last paragraph of page 3 to the extent that " the appellants

choose to re-initiate the proceedings of enquiry as per the

observations made by the learned Single Judge, then the same

shall not be done". The aforementioned observation of the Co-

ordinate Bench passed in L.P.A. No. 1510 of 2018 dated

23.04.2019 is contrary to orders of the learned Single Judge passed Patna High Court C. REV. No.363 of 2019 dt.04-09-2023

in C.W.J.C. No. 8177 of 2015 decided on 09.07.2018 since no

liberty was granted by the learned Single Judge to re-initiate any

proceeding against the petitioner.

2. Learned counsel for respondent has not disputed

the aforementioned error committed by the Co-ordinate Bench

while deciding L.P.A. No. 1510 of 2018 dated 23.04.2019.

3. We have perused the order of the learned Single

Judge read with L.P.A. order dated 23.04.2019 and we find that

there is an error apparent on the face of the record. There is no

observation by the learned Single Judge for re-initiating the

Inquiry against the petitioner from the defective stage and no such

liberty has been granted to the respondents/ appellants.

4. Accordingly, the portion at page 3 of the order

dated 23.04.2019 passed in L.P.A. No. 1510 of 2018 is to be

recalled and to that effect the review petitioner has made out a

case. Hence, the portion, namely, " the appellants choose to re-

initiate the proceedings of enquiry as per the observations made

by the learned Single Judge, then the same shall not be done"

stands deleted from the order dated 23.04.2019 and para 3 will

read as under:-

"We, therefore, dispose of this appeal with direction to reinstate the petitioner in service and extend him the benefits granted by the learned Single Judge."

5. Accordingly, the present review petition stands Patna High Court C. REV. No.363 of 2019 dt.04-09-2023

allowed. If the concerned Respondent is conducting any Inquiry

proceeding in view of the order passed in L.P.A. the concerned

Respondent is directed to drop or terminate such Inquiry

proceeding.

4. All pending Interlocutory Applications, if any,

stands disposed of.

(P. B. Bajanthri, J)

( Arun Kumar Jha, J)

rakhi/-

AFR/NAFR                NAFR
CAV DATE                N.A.
Uploading Date          08.09.2023
Transmission Date       N.A.