THE PUNJAB STATE THROUGH SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE AND ANOTHER Vs. DR. ASOK OBEROI

JUDGEMENT

(1.) This is regular second appeal against the judgment of reversal passed by the learned Additional District Judge, Gurdaspur vide which the appeal of the plaintiff (respondent herein) was allowed and it was held that the plaintiff was not afforded adequate opportunity to defend his case and accordingly the ex parte order dated 18.10.1994 passed by the Inquiry Officer was found to be null and void.

(2.) It was case of the plaintiff that he joined the Department of Health and Family Welfare as PCMS Class-I on 8.4.1975 and was still in service. He was working at Gurdaspur uptill 1988 and thereafter was transferred to Civil Dispensary, Kahnuwan vide order dated 31.5.1988. Kahnuwan was a terrorist affected area during those times and on account of safety measures the plaintiff made a request for his transfer from Kahnuwan to any other station which was accepted and he was transferred to Civil Hospital, Garhshankar. After availing joining time, he joined the vacant post as Surgical Specialist at Garhshankar on 13.8.1988 and thereafter proceeded on earned leave. The leave of the plaintiff was never refused and after availing leave he reported to defendants (appellants herein). However, he was not allowed to join. Defendant No.1 vide letter dated 24.6.1991 served a charge-sheet on the plaintiff leveling allegations. After reply to charge-sheet, Dr. Manmohan Kaur, Additional Director, Health was appointed as an Inquiry Officer. It is case of the plaintiff that he never received any communication regarding date of inquiry nor any witnesses were ever summoned by the Inquiry Officer. He was never placed under suspension. He was kidnapped by the terrorist and the Police authorities, Gurdaspur recommended to the Department to cooperate as the plaintiff was under constant threat to his life. He served the defendants with a notice under Section 80 CPC but to no effect and hence the suit.

(3.) The suit has been contested by the defendants on the ground that leave applications of the plaintiff were rejected by Civil Surgeon, Hoshiarpur and he was asked telephonically to join duty vide order dated 10.4.1990 at Civil Hospital, Garhshankar but he did not join. The plaintiff submitted reply to the charge-sheet and as the reply was found to be unsatisfactory, an Inquiry Officer was appointed. The plaintiff willfully abstained from appearance before the Inquiry Officer and finally it had been submitted that full opportunity was given to the plaintiff during inquiry and the impugned order was legal and valid.