Patna High Court
Akhilesh Sharma vs The State Of Bihar on 7 August, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9598 of 2018
======================================================
Akhilesh Sharma Son of late Ramyatan Sharma Resident of Mohalla-
Lakhibagh, Near Bulla Shahid Police Station Mofasil and District- Gaya.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary, Health and Family Welfare Department,
Government of Bihar, Patna.
3. The Civil Surgeon-Cum-Chief Medical Officer, Gaya.
4. The In-Charge Medical Officer, Primary Health Centre, Sherghati, District-
Gaya.
... ... Respondent/s
======================================================
With
Civil Writ Jurisdiction Case No. 7379 of 2022
======================================================
Akhilesh Sharma Son of Late Ramjatan Sharma Resident of Village- Kundila,
Police Station- Shakurabad in the district of Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Health Department,
Government of Bihar, Patna.
2. The Principal Secretary, Health Department, Government of Bihar, Patna.
3. The Director-in-Chief, Health Services, Government of Bihar, Patna.
4. The District Magistrate cum Collector, Gaya.
5. The Civil Surgeon-cum-Chief Medical Officer, Gaya.
6. The In-charge Medical Officer, Primary Health Centre, Sherghati in the
district of Gaya.
7. Dr. Rajendra Prasad Sinha Son of not known to the petitioner the then Civil
Surgeon-cum-Chief Medical Officer, Gaya.
8. Dr. Rajendra Prasad Singh Son of not known to the petitioner the In-charge
Medical Officer, Primary Health Centre, Sherghati in the district of Gaya.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 9598 of 2018)
Patna High Court CWJC No.9598 of 2018 dt.07-08-2025
2/4
For the Petitioner/s : Mr. Alok Kumar Shahi, Advocate
Mrs. Archana Sinha, Advocate
Mr. Utsav Kumar, Advocate
For the Respondent/s : Mr. Binod Kr.Yadav, SC-18
(In Civil Writ Jurisdiction Case No. 7379 of 2022)
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Respondent/s : Mr.Kamlesh Kishore, AC to SC-12
For Respondent No.7 : Mrs. Vijaya Laxmi Srivastava, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 07-08-2025
Heard Learned Counsel for the petitioners
and Learned Counsel for the State in both the cases.
2. The first writ petition (CWJC No.9598 of
2018) has been filed by the petitioner for quashing the order
contained in Memo No.621 dated 27.02.2018, issued under
the signature of the Civil Surgeon-cum-Chief Medical
Officer, Gaya, by which he has been dismissed from service
with immediate effect.
3. The second writ petition (CWJC No.7379
of 2022) has been filed by the petitioner with the following
reliefs:-
"I. To direct the
respondents especially respondent no.2 to
take action against respondent nos.7 and
8 who dismissed the petitioner from the
service in most illegal and arbitrary
manner without following the mandate of
Patna High Court CWJC No.9598 of 2018 dt.07-08-2025
3/4
law and also without providing any
opportunity of hearing to the petitioner.
II. Also to direct the
respondents to take legal/departmental
action against the respondent nos.7 and 8
who illegally issued the dismissal order
contained in Memo No. 621 dated
27.2.2018
against the petitioner due to
non-fulfillment of illegal gratification
demanded by the respondent no.8.
III. Also for any other
relief/reliefs for which the petitioner is
found to be entitled in the eye of law."
4. Learned Counsel for the State has raised
preliminary objection that against the dismissal from
service by the decision of Civil Surgeon-cum-Chief Medical
Officer, Gaya, the petitioners in both the cases have not
preferred any appeal and come directly to this Hon'ble
Court.
5. Learned Counsel for the petitioners
submits that liberty may be granted to prefer appeal but a
time frame may be fixed so that there may not be
unnecessary delay.
6. In the light of the submissions made by the
Patna High Court CWJC No.9598 of 2018 dt.07-08-2025
parties, both these writ petitions are disposed off directing
the petitioners to avail the remedy of appeal before the
appellate authority under the statue.
7. The appellate authority ignoring the delay
shall entertain the appeal, if filed within 30 days from today,
and after consideration of all the documents shall pass order
in accordance with law within 90 days thereafter.
(Dr. Anshuman, J)
Mkr./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.08.2025
Transmission Date
