DR.PARAS NATH SAHAY SON OF SRI SHEO GOVIND SHAH Vs. STATE OF BIHAR THROUGH THE SECRETARY, HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) Petitioner has filed this writ application for quashing of the order of the Under Secretary, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna as contained in Memo No. 803(2) dated 15.4.2003 (a copy whereof is annexed as Annexure-11), whereby, on conclusion of a departmental proceeding, he has been dismissed from service by accepting the enquiry report holding the petitioner guilty of the charges. He has also prayed this Court to hold the enquiry report submitted by the conducting officer as totally perverse and the entire proceeding vitiated in law. He has further prayed for his reinstatement in service with full back wages from the date of his dismissal with other consequential reliefs.

(3.) As per the pleadings, petitioner was initially appointed as Medical Officer-cum-Civil Assistant Surgeon in the Health Services of the State of Bihar as general category candidate, vide notification Annexure-1 dated 22.9.1977. He did not submit any caste certificate as he belonged to Teli caste and at that point of time there was no reservation in the services of the State Government for backward castes. Upon his joining in the State cadre of Medical Officers, he was put at serial no. 2870 in general category. In the gradation list prepared for promotion of Medical Officers of reserved category to the selection grade scale, as notified by Annexure-2 dated 25.5.1987, petitioner's name was not included in the said category. However, in the next year, a gradation list was prepared for promotion of medical officers of the State cadre to junior selection grade against 20% promotional quota and the same was notified, vide notification dated 19.5.1988 as contained in Annexure-3. In this notification, the name of the petitioner was included for promotion by showing him as scheduled caste candidate. As soon as petitioner came to know of being considered for promotion as a scheduled caste candidate, he submitted an objection petition to the Department through Civil Surgeon-cum- Chief Medical Officer, Patna on 30.5.1988, a copy whereof is annexed as Annexure-4 to the writ application. In this objection petition, petitioner specifically claimed that for the said promotion, he had not submitted any caste certificate. He also stated that, if at all, he should have been given promotion in time bound scheme as a backward candidate, but under some conspiracy, he has been labelled as scheduled caste candidate and has been removed from Naubatpur. Therefore, he prayed that his name may be removed from scheduled caste category and his transfer may be cancelled. No action was taken on the objection of the petitioner for quite a some time. On the other hand, through letter dated 25.11.1991, petitioner received a proforma for furnishing his details for consideration of his case for grant of time bound promotion to selection grade scale, which petitioner supplied through letter dated 3.12.1991 in which he again clarified that he did not have any caste certificate in his favour for consideration of his case as a reserved category candidate by the respondents.