STATE OF BIHAR Vs. SHYAM SUNDAR SINGH

JUDGEMENT

(1.) This Letters Patent Appeal has been filed by the State of Bihar against the interim order dtd. 27/3/2025 passed in CWJC No. 4616 of 2025. The writ petition was filed by Dr. Shyam Sunder Singh, the Respondent No. 1 in this LPA for the following reliefs:-

(2.) On 27/3/2025, the following order was passed in CWJC No. 4616 of 2025:-

(3.) Shri P.K. Shahi, learned Advocate General appearing for the State submits that the order passed by the learned Single Judge is not sustainable in the eyes of law on the ground that no opportunity has been given to the State-respondents to controvert the averments made in the writ petition and in fact, no counter affidavit has been filed and the order has been passed on the first day of the hearing. It is further submitted that the learned Single Judge has exceeded the jurisdiction on irrelevant materials and issued direction to the appellants. The finding arrived at by the learned Single Judge that the Officer on Special Duty (OSD) has taken action under the influence of Federation of Medical College is not correct inasmuch as it has been taken after the approval of the competent authority in administrative experience. Some other grounds have been taken. The main ground is on the point of violation of principles of natural justice.