Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
Holding
The Court declined to quash the memo or grant continuation, directing the petitioner to file a fresh representation and the authority to decide the matter within a stipulated period.
Summary
Sunil Kumar, a Lower Division Clerk at Patna Dental College, filed a writ petition seeking the quashing of Memo No. 104 dated 29.01.2026 issued by the college principal and to continue his service under Letter No. 161 dated 12.02.2024 with all attendant benefits. He claimed that he had already submitted a representation to the Director of Health Services on 18.02.2026, but no decision had been rendered. The State argued that the petition pertained to the petitioner’s employment as LDC at the dental college. The Court observed that the pending representation had not been considered and directed the petitioner to file a fresh representation before the Director‑in‑Chief, Health Services, attaching a copy of the order, within 30 days. The Director‑in‑Chief was further instructed to decide the matter within 90 days after hearing the concerned parties and to issue a reasoned order. Consequently, the writ petition was disposed without granting the relief sought.
Issues considered
- Whether Memo No. 104 dated 29.01.2026 can be quashed by the Court.
- Whether the petitioner is entitled to continue in service as per Letter No. 161 dated 12.02.2024 with all benefits.
- Whether the failure of the Director of Health Services to decide on the representation warrants judicial intervention.
Subjects
- writ petition
- quashing order
- administrative representation
- health services department
- procedural fairness
- employment continuation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3988 of 2026
======================================================
Sunil Kumar son of Ram Dihal Ram, presently residing at Yadav Path Talab,
Vishunpur Pakri, P. S.- Anisabad, District- Patna-800002.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Health Department,
Bihar, Patna.
2. The Additional Chief Secretary, General administration Department, Bihar,
Patna.
3. The Director in Chief, Health Services, Bihar, Patna.
4. The Principal, Patna Medical College, Patna.
5. The Principal, Patna Dental College and Hospital, Patna.
6. Sri Hare Ram, son of name not known, presently posted as a Peon, Patna
Dental College and Hospital, Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Lal Mani Sharma, Advocate
For the Respondent/s : Mr. Prabhakar Jha, GP-27
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 23-03-2026 Heard learned counsel appearing for the petitioner and
learned counsel appearing for the state.
2. Learned counsel for the petitioner submits that the
present writ petition has been filed for quashing Memo No. 104
dated 29.01.2026 (Annexure P/11), issued by the Principal,
Patna Dental College and Hospital, Patna, and for permitting the
petitioner to continue in terms of Letter No. 161 dated
12.02.2024 (Annexure P/6), along with all consequential
benefits.
3. Learned counsel for the petitioner further submits
Patna High Court CWJC No.3988 of 2026(2) dt.23-03-2026
2/2
that, for redressal of his grievance, the petitioner has already
submitted a representation dated 18.02.2026 before the Director,
Health Services, Government of Bihar, but no decision has been
taken thereon till date.
4. Learned counsel for the State submits that the
petitioner was working as LDC and the case of the petitioner is
relating to Patna Dental College and Hospital.
5. In the aforesaid background, the petitioner is
directed to file a fresh representation before respondent No. 3,
namely, the Director-in-Chief, Health Services, Bihar, Patna,
along with a copy of this order, within 30 days from today.
Upon receipt of the representation, respondent No. 3 is directed
to take a decision thereon within 90 days from the date of its
filing, by passing a reasoned and speaking order, after affording
an adequate opportunity of hearing to all concerned parties
likely to be affected by the said order.
6. With the aforesaid observation and direction, the
writ petition stands disposed off.
(Dr. Anshuman, J)
Ashwini/-
U
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