IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7368 of 2003 1. BASUKI KUMAR SHARMA, son of Late Nand Prasad Singh, Resident of village Ahmadpur, P.S. Ahmadpur, district Samastipur, presently living at Muzaffarpur Town, P.S. Muzaffarpur District Muzaffarpur, posted at Primary Health Centre Nawa Nagar, P.S. Nawa Nagar, District Buxar. 2. Prakash Kumar Srivastava, son of Late Ram Lakhan Narayan, Resident of village Kumhar Toli, P.S. Hazaribagh, district Hazaribagh, presently posted at Primary Health Centre Charphokari, P.S. Charpokhari, district Bhojpur. 3. Nagendra Kumar Singh son of Sri Baikund Singh, Resident of Village Kishopur, P.S. Barhara, District Bhojpur, presently posted as Primary Health Centre, Barhara, P.S. Barhara, District Bhojpur. 4. Ram Kumar Singh, son of Late Gaya Singh, Resident of village Kajri, P.S. Kajri, District Palamu, presently posted at Primary Health Centre, Nawa Nagar, P.S. Nawa Nagar, District Buxar. Versus 1. THE STATE OF BIHAR through the Secretary/ Commissioner, Dept. of Health, Govt. of Bihar, Patna. 2. The Director in Chief, Health Service, Bihar, New Secretariat, Patna. 3. Deputy Director, Health Department, Govt. of Bihar, Patna. 4. The Regional Deputy Director, Health Service, Patna Division, Patna. 5. Civil Surgeon Cum Medical Officer, Bhojpur, Arrah. 6. Dr. Baikund Prasad Yadav, son of Late Jay Narayan Yadav, Ex. Deputy Superintendent Sadar Hospital, Arrah. 7. Civil Surgeon Cum Chief Medical Officer, Buxar. 8. Medical Officer in Charge Nawa Nagar, District Bhojpur. 9. Medical Officer in Charge Charpokhari, District Bhojpur. 10. Medical Officer in Charge, Barhara, District Bhojpur. ----------- 3 27.8.2010 Having heard counsel for the parties as with regard to the following relief, “That this application on behalf of the petitioner above named is for issuance of a writ in the nature of certiorari and/or any other appropriate writ or writs, direction or order for quashing of the order dated 8.10.2002 issued under memo no.1192 (4)/ Swa, Patna (Annexure-1) by Director in Chief Health Department, Govt. of Bihar, Patna, (Respondent no.2) whereby and whereunder representation filed in view of the order dated 29.7.99 passed in C.W.J.C. No.6852 of 1998 and order dated 4.3.98 passed in C.W.J.C. No. 4471 of 97 was rejected without considering the finding of Deputy Director Health Department Govt. of Bihar, Patna as issued vide memo no.1027/ dated 27.7.2002 whereby and whereunder a complete enquiry was held and the appointment letter of the petitioner found genuine. It is further prayed that 2 respondents may be directed to reinstate the petitioner to their respective post.” and the specific stand of the State in the counter affidavit with the help of photo copy of the issue register that no such appointment letter of the petitioner was ever issued and in fact letter no. 395 dated 6.7.1989 was different letter altogether, this Court would find it difficult to decide the issue as with regard to validity and legality of appointment of the petitioner specially when contrary evidence is also being referred to by Mr. Madhup, learned senior counsel appearing on behalf of the petitioner in form of enquiry report of the Additional Director, Health as contained in Annexure-9. As a matter of fact, in these circumstances whether Annexure-9 is correct or Annexure- A is correct or whether there was any interpolation in the appointment letter of the petitioner are also matter of evidence which can be more effectively gone into in the properly constituted civil suit. That being so, this application is permitted tobe withdrawn with a liberty to the petitioner to file a civil suit before the appropriate Court of Civil jurisdiction. Abhay Kumar ( Mihir Kumar Jha, J.)