Patna High Court
Alok Kumar vs The State Of Bihar And Ors on 29 January, 2024
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1046 of 2018
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Alok Kumar, Son of Late Ayodhya Prasad Dubey, Resident of Village-
Ghariyachak, P.S.- Mahishi, District- East Champaran.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Health and Family Welfare.
3. The Director-in-Chief Health Services, Parivar Kalyan, Matri Shishu
Swasthya and Nursing.
4. The Collector, East Champaran, Motihari.
5. The Regional Deputy Director, Darbhanga.
6. The Civil Surgeon-cum-Chief Medical Officer, Motihari.
7. The Medical Officer, In-charge, PHC, Chhouradano, District- East
Champaran, Motihari.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Sr. Advocate
Mr.Manisha Singh, Advocate
For the Respondent/s : Mr.Ramadhar Singh-GP25
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 29-01-2024
Heard learned counsel for the petitioner and learned
counsel for the State.
2.The present writ petition has been filed for setting
aside the order of dismissal passed by respondent No. 3, namely,
the Director-in Chief, Health Services, Bihar on 14.12.2017
communicated by respondent No.6.
3. Learned counsel for the petitioner submits that
the dismissal order of the petitioner has been passed by the
revisional authority as the appointing authority for the petitioner
Patna High Court CWJC No.1046 of 2018 dt.29-01-2024
is the Civil Surgeon whereas the final order of punishment has
been passed by the Director - in -Chief. He submits that such
action taken by the official indicates the bias attitude of the
officials.
4. Learned counsel for the State submits that under
Rule 42 of the Bihar Government Servants (Classification,
Control & Appeal) Rules, 2005, there is a provision of appeal
before the higher authority from the disciplinary authority either
in the form of appeal or in the form of review.
5. In the aforesaid background, this Court is of the
view that even if the revisional authority has passed the original
order it does not mean that the person aggrieved shall lost
his/her right to prefer an appeal and, therefore, the respondent
No.2, namely, the Principal Secretary, Health and Family
Welfare, who is higher officer than the Director-in-chief, Health
Services, Bihar is directed to hear the appeal of the petitioner
and dispose off the same with a reasoned and speaking order
within 60 days from the date of filing of the appeal along with a
copy of this order . It is made clear that respondent No.2,
namely, the Principal Secretary, Health and Family Welfare shall
decide the appeal of the petitioner entertaining completely on
merit and shall also describe in the ordersheet that under what
Patna High Court CWJC No.1046 of 2018 dt.29-01-2024
circumstances the original order has been passed by the
revisional authority.
6. The delay, if any, in filing the appeal shall be
condoned.
7. With the aforesaid observation and direction, the
writ petition stands disposed of.
(Dr. Anshuman, J)
Ashwini/-
AFR/NAFR
CAV DATE NA
Uploading Date 02/02/2024
Transmission Date NA
