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2025 Supreme(Online)(SC) 11490

SUPREME COURT OF INDIA
PAMIDIGHANTAM SRI NARASIMHA, ATUL S. CHANDURKAR, JJ
KAUSHAL KUMAR DAS – Appellant
Versus
THE STATE OF BIHAR & ORS. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Sanjay Kumar Dubey, Mr. Vivek Kumar Pandey, Ms. Shuchi Singh, Mr. Ujjwal Kumar Dubey, Mr. Rakesh Kumar Tewari, Ms. Shivani Mishra, Mr. Devendra Kumar Mishra, Mr. Jainendra Kumar, Mr. Sandeep Kumar Saini
For the Respondents: Mr. Samir Ali Khan, Mr. Pranjal Sharma, Mr. Kashif Irshad Khan

Table of Content
1. leave granted; initial proceedings commenced. (Para 1 , 2)
2. historical context of appointment and termination. (Para 3 , 4 , 6)
3. challenge to appointment validity referenced. (Para 7 , 8)
4. further investigation ordered for due process. (Para 11 , 12)

O R D E R

1. Leave granted.

2. Heard Mr. Sanjay Kumar Dubey, learned counsel appearing for the appellant and Mr. Samir Ali Khan, learned counsel appearing for the respondent at length.

3. The present appeals arise out of the Judgment and order dated 24.09.2014 in LPA No. 1234 of 2011 and order dated 17.07.2017 in Civil Review No. 356 of 2014 passed by the Division Bench of the High Court.

4. The facts, to the extent they are relevant for disposal of the present appeals are that the appellant was initially appointed as a Signature Not Verified DigitaNlly sigonedn by-Medical Assistant on 15.03.1980 and his appointment came to Jayant Kumar Arora Date: 2025.08.23

13:53:52 IST Reason:

be questioned on the ground that the person who has appointed him namely, the Civil Surgeon cum Chief Medical Officer, Purnea, did not have the power or authority to do so. Vide order dated 05.01.2006, the appellant’s services were terminated.

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