Dr.Sunil Kumar Sahu vs The State Of Bihar And Ors
2025 Latest Caselaw 1124 Patna

Patna High Court

Dr.Sunil Kumar Sahu vs The State Of Bihar And Ors on 4 August, 2025

Author: Anshuman

Bench: Anshuman

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.7802 of 2012
     ======================================================
     Dr.Sunil Kumar Sahu S/O Sri Ram Bilash Prasad Sahu R/O Village- Bari
     Thakur Bari Road Hariya Patty, P.S.- Naugachhia, District- Bhagalpur, At
     Present Working As Homeopathic Medical Officer, District Joint Hospital,
     Khagaria, P.S.- Khagaria, District- Khagaria
                                                               ... ... Petitioner/S
                                          Versus
1.    The State Of Bihar And Ors Department Of Health, Government Of Bihar,
      Patna
2.   The Director Indian System Of Medicine, Bihar, Patna
3.   The Additional Secretary Department Of Health, Government Of Bihar,
     Patna
4.   Joint Secretary/Under Secretary Department Of Health, Government Of
     Bihar, Patna
5.   The Civil Surgeon Cum Chief Medical Officer, Saharsa
6.   The District Indigeneous Medical Officer, Khagaria
                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      None.
     For the Respondent/s   :      Mrs. Anu Priyadarshni, AC to GA7
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
     ORAL JUDGMENT

Date : 04-08-2025 Upon repeated calls, no one appears on behalf of

the petitioner. However, learned counsel for the State is present.

2. Learned counsel for the State submits that the

present writ petition has been filed in the year 2012 for payment

of salary of 6 months from 03.07.1999 to 29.12.1999 before his

joining in the Director of Indian System of Medicine, Bihar till

his posting which has been held due to waiting for posting.

3. It transpires to this Court that the matter is

pending before this Hon'ble Court since 2012 and no counter-

affidavit has come till date even after lapse of 13 years. It is

unfortunate situation for this Court that in such an old matter, no Patna High Court CWJC No.7802 of 2012 dt.04-08-2025

counter-affidavit has been filed and merely for a petty issue, this

case has been pending before this Court since last 13 years.

4. It further transpires that there are 3 counsel on

record in this case, but none of the counsel are present today. As

such, this Court has deep concern for the petitioner as to what

happened in his representation annexed vide Annexure-8, which

has been filed before the Director, Indian System of Medicine,

Bihar, Patna (which is now called as AYUSH Department).

5. Since, the present matter has to be tested by the

concerned Authority and without counter-affidavit, this matter

could not be decided. Hence, the present writ application is

hereby disposed off, directing the Director, Indian System of

Medicine, Bihar, Patna (now, the Director, AYUSH Department)

(respondent No.2) to pass a reasoned and speaking order on the

representation (Annexure-8) filed by the petitioner earlier,

within 90 days from the date of production of this order before

him by the petitioner.

6. With the aforesaid observations, the present writ

application stands disposed off.

(Dr. Anshuman, J.) Prakashmani/-

AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          07.08.2025
Transmission Date       N/A