IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11848 of 2010 DR. SYED ANJUM PERWEZ S/O LATE S. HOIZUR RAB R/O BHIKHANPUR, P.S. ISHAKCHAK BHAGALPUR, DISTT.- BHAGALPUR Versus 1. THE STATE OF BIHAR 2. DEPUTY SECRETARY HEALTH DEPARTMENT OF BIHAR, PATNA 3. DIRECTOR IN CHIEF DEPARTMENT OF HEALTH, GOVT. OF BIHAR ----------- 02. 23.3.2011 The impugned order dated 15.9.2009 annexed as Annexure-1 passed against the petitioner is hereby quashed. Matter is remitted back to the Director-in-Chief, Department of Health, Government of Bihar that he shall take into cognizance the decision rendered by a Division Bench in the case of Dr. Sunil Kumar v. State of Bihar, which was LPA No. 810 of 2007 and decided on 17.3.2008 and pass a fresh order in so far as the impugned order is concerned. Since the impugned order is in teeth of the decision of the Division Bench, the same cannot be sustained in its present form and content. Writ is allowed. Annexure-1 is quashed. Matter is remitted back with a direction that an early adjudication will be made and communicated to the petitioner preferably within a period of three months from the date of receipt/ production of a copy of this order. rkp ( Ajay Kumar Tripathi, J.)