STATE OF BIHAR Vs. KAMLESH JAIN

JUDGEMENT

(1.) Heard the learned counsel for the parties. Special leave is granted.

(2.) This appeal by the State of Bihar and its Officers is directed against the order of the High court dated 18/02/1991 passed on a writ petition claiming to have been filed as a public interest litigation for certain reliefs to be made available to a doctor who was earlier in the State service and whose services had been terminated in 1987.

(3.) The beneficiary of the impugned judgment Dr (Ms) Sandhya Das was appointed as a Medical Officer in the Bihar State Health Services in 1961 and worked as such till 1971. She left India for higher studies in 1971 after obtaining leave for a period of two years. After the expiry of the leave period, she neither returned to India nor made any further application for extension of her leave. Nothing was heard from her thereafter. She was not the only one to do so. A large number of doctors employed in the Bihar Health Services were acting in similar manner, causing considerable hardship to the public. As this trend persisted, the State authorities could not ignore the problem and the relevant rules were examined, legal opinion was obtained and it was decided to take appropriate corrective measures. The absentee doctors, presumably placed in more lucrative jobs, did not care to inform the department of their addresses, and personal service of notice on such doctors could not be effected. In the circumstances, acting on the opinion of the Advocate General, general notice was published and press communiqu was issued in newspapers in India and abroad calling upon them to offer their explanations for remaining absent from service for more than five years (this period is mentioned in the rules) , within the time indicated. Dr (Ms) Sandhya Das was also one of such doctors and was called upon to join her duty in India by such a communique issued in 1982, telling her that on her failing to do so, her services would be terminated in accordance with the Service Code. Nothing was heard from her. The matter of termination of services of such doctors was referred to Bihar public service commission, and the Commission gave its concurrence in 1986. Accordingly, the services of 320doctors including that of Dr Das was terminated in 1987. This had the approval of the Bihar Cabinet.