Patna High Court - Orders
Pawan Kumar Mishra vs The State Of Bihar & Ors on 16 February, 2012
Bench: Chief Justice, Birendra Prasad Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No. 139 of 2012
In
Civil Writ Jurisdiction Case No. 17931 of 2008
With
Interlocutory Application No. 954 of 2012
In
Letters Patent Appeal No. 139 of 2012.
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Pawan Kumar Mishra, Son of Upendra Nath Mishra, Resident of Village -
Banercha, P.O. Banercha, P.S. Banarchuha, District - Godda (Jharkhand)
.... .... Petitioner / Appellant
Versus
1. The State of Bihar
2. Director, Deshi Chikitsha, Bihar, Patna
3. The Principal, Government Ayurvedic College, Kadam Kuan, Patna -3,
District - Patna
4. Head of the Department, Post Graduate Department, Government
Ayurvedic College, Kadam Kuan, Patna
5. Secretary, Deshi Chikitsha, Bihar, Patna
.... .... Respondents / Respondents.
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Appearance :
For the Appellant : Mr. Dhirendra Nath Jha, Advocate.
For the Respondents : -----
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 16-02-2012Re. Interlocutory Application No. 954 of 2012.
The delay of 2 days occurred in filing the Letters Patent Appeal is condoned.
Interlocutory Application stands disposed of. Re. Letters Patent Appeal No. 139 of 2012. Feeling aggrieved by the order dated 9th November 2 Patna High Court LPA No.139 of 2012 (4) dt.16-02-2012 2/2 2011 made by the learned single Judge in above CWJC No. 17931 of 2008, the writ petitioner has preferred this Appeal under Clause 10 of the Letters Patent.
The appellant claims to have been appointed as a Night Guard by the District Indigenous Medical Officer, Godda on temporary basis. Since his appointment as such, the appellant reported for duty under the Directorate of Indigenous Medicines, Patna. The appointment order dated 4th March 1996 and the relieving order dated 16th January 1997 are purported to have been made by the District Indigenous Medical Officer, Godda and the transfer order dated 30th December 1996 is allegedly made by the Director, Indigenous Medicines, Bihar, Patna. Upon enquiry, the said documents were found to be forged. Neither the appellant was ever appointed as Night Guard nor was he transferred nor was he relieved. In view of the said findings, by order dated 22nd September 2005, made by the Principal, Government Ayurvedic College, Patna, the appellant was relieved from service. The order has been upheld by the learned single Judge in above CWJC No. 17931 of 2008. Therefore, this Appeal.
Learned advocate Mr. Dhirendra Nath Jha has appeared for the appellant. He has not been able to dislodge the finding of the above-referred three documents being forged.
We see no merit in this Appeal.
Appeal is dismissed in limine.
(R.M. Doshit, CJ) (Birendra Prasad Verma, J) Dilip.