IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.5853 of 2003
Md. Hasibur Rahman, Son of Md. Matiur Rahman, Resident of Village
Ajhwa, Singar Mohu, P.S. Jokihat, District Purnea.
------- Petitioner
Versus
1. The State of Bihar.
2. Secretary, Department of Health Bihar, Patna.
3. The Civil Surgeon, Araria.
4. Medical Officer, Incharge, Primary Health Centre, Jokihat,
Dist. Araria.
5. The District Magistrate, Araria, District Araria.
6. The Director-in-charge, Health Services, Govt. of Bihar, Patna.
--------- Respondents
-----------
3 12.08.2010 No one appears on behalf of the
petitioner. Counsel for the State is present.
The following prayers of the
petitioner in this writ application:-
“1A. For issuance of appropriate
writ/order or direction commanding
the respondents to compensate the
petitioner who was illegally and
wrongly put under suspension and
was made accused in a criminal
case without any fault on his part
and the petitioner has been found
innocent in both the cases i.e.
criminal case as well as in
departmental proceeding.
B. For issuance of appropriate
writ/orders or direction
commanding the respondents to make
payment of the compensation as
assessed by this Hon’ble Court for
physical harassment, mental
torture, financial loss as well as
loss of dignity in the society
because the petitioner was put
2under suspension without any fault
on his part and he was also made
an accused in criminal case. The
petitioner has been exonerated in
both the proceeding because no
charges was proved against him.”
are virtually claiming damages for the mental
agony undergone by the petitioner on account
of his suspension and/or filing of a criminal
case. For such relief, the petitioner has to
take recourse to a law of tort by filing a
civil suit before a court of appropriate
jurisdiction.
This writ application, for the
aforementioned relief is, therefore, not
maintainable and is dismissed accordingly.
Rsh (Mihir Kumar Jha, J.)