IN THE HIGH COURT OF JUDICATURE AT PATNA LETTERS PATENT APPEAL NO.1058 of 2010 In CIVIL WRIT JURISDICTION CASE NO.1859 of 2009 With INTERLOCUTORY APPLICATION NO. 5732 of 2010 In LETTERS PATENT APPEAL NO. 1058 of 2010 ======================================== 1. The State of Bihar 2. The Secretary, Health and Family Welfare Department, State of Bihar, New Secretariat, Patna. 3. The Director, Health Services, Bihar, Patna. 4. The Civil Surgeon cum Chief Medical Officer, Madhubani. 5. Medical Officer, In-charge, Primary Health Centre, Madhepur, Madhubani ---- Appellants/Respondents. Versus Indrapati Jha, son of late Ram Krishna Jha, resident of village Prasad, Police Station-Madhepur, District- Madhubani ---- Respondent/Petitioner. ===============================Appearance: MR A.K. CHONGDAR for the Appellant MR SUBODH KUMAR JHA for the Respondent MR JITENDRA KUMAR PANDEY for the Respondent CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR.JUSTICE S.K. KATRIAR 2 ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE ORDER IN LETTERS PATENT APPEAL: ----------- I.A. No. 5732 of 2010 2. 6.7.2010 This Application under Section 5 of the Limitation Act is made by the appellants for condonation of delay of 133 days occurred in filing of the Letters Patent Appeal No.1058 of 2010. Learned Advocate Mr. Subodh Kumar Jha appears for the opponent. He has no objection if the delay is condoned. On the facts and in the circumstances of the case, the delay is condoned. Interlocutory Application stands disposed of. L.P.A. No. 1058 of 2010 With the consent of the learned Advocates the Appeal is taken up for final hearing. It is submitted at the Bar that the matters at issue are covered by the judgment of the Division Bench of this Court in the matter of State of Bihar & Ors. Vrs. Sohan Roy (2010(2) P.L.J.R. 397). Learned Advocates agree that similar direction be issued in the present Appeal also. 3 In view of the above concession, the Appeal is allowed. The judgment and order dated 6.10.2009 passed by the learned Single Judge in C.W.J.C. No.1859 of 2009 is set aside. The State Government will refer the matter along with its brief to Mr. Justice Uday Sinha (retd.) Committee (hereinafter referred to as ‘the Committee’) constituted under the above referred judgment dated 11.2.2010 (2010(2) P.L.J.R. 397) on or before 16th August 2010. Copy of the reference and the brief will be forwarded to the writ petitioner. The writ petitioner will, within 10 days from the date of the receipt of the communication and the brief, file his submissions along with documentary evidence before the Committee. The Committee will hear both the parties and will decide the reference in accordance with law without being influenced by the findings recorded by the earlier enquiry committee. The Committee will decide the reference as expeditiously as possible preferably within four months from the date the writ petitioner files his submissions. The aggrieved party shall be at liberty to challenge the order of the Committee before the appropriate legal forum. 4 Let copy of this order be furnished to Mr.Arup Kumar Chongdar, learned Advocate for the State to be communicated to the Committee. Vinay/ (R.M. Doshit, CJ.) ( S. K. Katriar ,J. )