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Judgment
Heard Mr. Mithilesh Kumar Upadhyay, learned counsel appearing on behalf of the petitioner and Mr. Mujtabaul Haque, learned GP 12 for the State.
Learned counsel appearing on behalf of the petitioner informs this Court that by way of Annexure ‘E’ to the Counter Affidavit filed on behalf of respondent no.2, an ex parte order has been placed on record, however, the learned counsel appearing on behalf of the State informs this Court that the order is available and the petitioner may file an appeal against the said order before the Additional Chief Secretary, Health Department, Government of Bihar considering the fact that no opportunity of hearing was given to the petitioner before passing the order. The said fact also appears from perusal of order dated 30.08.2018 contained in Memo No.1020(4) dated 30.08.2018 passed by the Director-in-Chief (Administration), Health Services, Bihar.
The order being in violation of the principle of natural justice is hereby quashed and the Director-in-Chief (Administration), Health Services, Bihar is directed to give prior notice to the petitioner and pass a fresh order.
The petitioner must represent before the Director-in-Chief (Administration), Health Services, Bihar within a period of one week from the date of passing of this order along with all the relevant documents and if the petitioner is not in a position to any document, which he intends to bring on record in his support, he must be supplied same day.
The Director-in-Chief (Administration), Health Services, Bihar must provide opportunity of hearing to the petitioner and pass reasoned order within a period of four weeks from the date of passing of this order.
In case the petitioner fails to abide by the direction given by this Court and the time specified in the order, the order contained in Memo no.1020 (4) dated 30.8.2028 shall remain in force.
The present writ petition is accordingly disposed of.