VIDHYA DHAR SHARMA Vs. G B PATNAIK

JUDGEMENT

(1.) We have heard the learned Counsel for the parties.

(2.) By order dated 22/9/2000, the petitioner herein was directed to be appointed to the post of Medical Officer to which he had been selected. It was further ordered that the letter of appointment should be issued within six weeks from that day.

(3.) When the letter of appointment was not issued, a registered A/d legal notice dated 18/11/2000 was sent to the respondents. The notice was sent to the Chief Secretary and two other officers. Not having received any response, the present petition for taking appropriate action against the respondents was filed. In response to the petition, affidavits of G. B. Patnaik, Indian Administrative Service, Secretary, Medical Education and G. D. Tripathi, Indian Administrative Service, Director, Ayurvedic and Unani Services, have been filed. Though in paragraph 2 of the affidavit of G. B. Patnaik an unconditional apology is purported to be tendered, it is stated that the charge has been purged, inasmuch as a letter of appointment has been issued to the petitioner. A reading of the affidavit discloses that even though G. B. Patnaik was a Secretary in the Department in September, 2000, the matter was not brought to his notice till November, 2000 when the legal notice was received. A further explanation given by him is that the dealing assistant was repatriated to the parent department and no action was then taken. It is then stated that the file was taken up again, office memorandum was prepared and vetted and the Minister gave his approval on 19th February, 2001. Appointment letter dated 19/2/2001 was then issued.