IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5826 of 2002 PRAMOD KUMAR SHRIVASTAVA, son of late Baidyanath Prasad, resident of village/ Mohalla Madarpur, P.S. & P.O. Darbhanga, District Darbhanga … Petitioner Versus 1. THE STATE OF BIHAR through the Commissioner cum Secretary, Health Services, Bihar, Patna 2. The Commissioner cum Secretary, Health Services, Bihar, Patna 3. The Director-in-Chief, Health Services, Bihar, Patna 4. The Secretary, Health Services, Bihar, Patna 5. The Regional Deputy Director, Health Services, Darbhanga 6. The Civil Surgeon cum Chief Medical Officer, Darbhanga 7. The Medical Officer In-charge, Hayaghat at Hayaghat, District Darbhanga … Respondents ----------- 6. 21.7.2010 After some argument counsel for the petitioner seeks permission to withdraw this application in order to file a civil suit seeking declaration that the appointment of the petitioner on compassionate ground was made on the basis of directions given by the Commissioner and the Secretary of the Health Department in Memo No. 255(25) dated 12.7.1984. In the opinion of this Court that recourse would be most appropriate because once the appointment of the petitioner has been found to be based on a forged letter of the Health Secretary and in fact based on also a letter which by way of reference to 2 an Executive Engineer, this Court under Article 226 of the Constitution of India would be wholly disinclined to go into such disputed question of fact. That being so, this application is permitted to be withdrawn with a liberty to the petitioner to file an appropriate civil suit for the relief being sought in this application. (Mihir Kumar Jha,J.) Surendra/