IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5853 of 2003 Md. Hasibur Rahman, Son of Md. Matiur Rahman, Resident of Village Ajhwa, Singar Mohu, P.S. Jokihat, District Purnea. ------- Petitioner Versus 1. The State of Bihar. 2. Secretary, Department of Health Bihar, Patna. 3. The Civil Surgeon, Araria. 4. Medical Officer, Incharge, Primary Health Centre, Jokihat, Dist. Araria. 5. The District Magistrate, Araria, District Araria. 6. The Director-in-charge, Health Services, Govt. of Bihar, Patna. --------- Respondents ----------- 3 12.08.2010 No one appears on behalf of the petitioner. Counsel for the State is present. The following prayers of the petitioner in this writ application:- “1A. For issuance of appropriate writ/order or direction commanding the respondents to compensate the petitioner who was illegally and wrongly put under suspension and was made accused in a criminal case without any fault on his part and the petitioner has been found innocent in both the cases i.e. criminal case as well as in departmental proceeding. B. For issuance of appropriate writ/orders or direction commanding the respondents to make payment of the compensation as assessed by this Hon’ble Court for physical harassment, mental torture, financial loss as well as loss of dignity in the society because the petitioner was put 2 under suspension without any fault on his part and he was also made an accused in criminal case. The petitioner has been exonerated in both the proceeding because no charges was proved against him.” are virtually claiming damages for the mental agony undergone by the petitioner on account of his suspension and/or filing of a criminal case. For such relief, the petitioner has to take recourse to a law of tort by filing a civil suit before a court of appropriate jurisdiction. This writ application, for the aforementioned relief is, therefore, not maintainable and is dismissed accordingly. Rsh (Mihir Kumar Jha, J.)