IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.12662 of 2009
DR.PRASHANT KUMAR VERMA
Versus
THE STATE OF BIHAR & ORS
WITH
CWJC No.10847 of 2010
DR.PRAMOD KUMAR SINHA & ORS
Versus
THE STATE OF BIHAR & ORS
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09 16.11.2010 Both the writ petitions are taken up together because
the challenge is to the same notification. In the first writ petition,
petitioner who is a teaching doctor had primarily claimed two reliefs.
First with regard to his promotion in compliance with order passed in
his earlier writ petition being C.W.J.C. No.7747 of 1999 and second
on finding that respondent no.5 who was originally placed below him
in the gradation list was suddenly given a jump above him. He has
sought to challenge the same.
While the matter was being argued, respondent no.5 to
substantiate that he was always senior to the petitioner instead whereof
respondent no.5 in the second writ petition that is C.W.J.C. No.10847
of 2010 has filed a purported gradation list/panel of the year 1992 to
show that he was placed at serial no.8 whereas Dr. Pramod Kumar
Sinha was placed at serial no.33. Accordingly, it was suggested on
behalf of respondent no.5 that he being senior and having been left out
that mistake has now been corrected and he has been brought to the
position of serial no.34A. The question then arose as to the
authenticity of this 1992 gradation list/panel of General Medicine.
Writ petitioners filed another copy purporting of the same panel. Here
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the position is reversed. Dr. Pramod Kumar Sinha is shown at serial
no.17 and Dr. Rahul Kumar, respondent no.5 is shown at serial no.33.
Each is accusing other of bringing on record a wrong document and
unfortunately the State is having the last laugh. State being the
custodian of the document and the author of the document by this time
should have placed the document on record and produced the original
but it chooses not to do so. It should not left to the Court to direct to
produce the records in relation thereto and place on affidavit as to
which of the two documents is correct by direct evidence.
Put up this case under the same heading on 29th
November, 2010 when State would produce the original records and
file affidavit to the said effect.
Trivedi/ (Navaniti Prasad Singh, J.)