ARJUN SINGH Vs. STATE IF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State. The petitioner seeks quashing of memo No.706 dated 1.10.2010 issued by respondent No.6, Additional Chief Medical Officer, Chapra, by which the petitioner has been restrained from discharging the duty and making his signature on the attendance register stating that his appointment appears to be suspicious, as there is no reference of his appointment order/letter in his service book. Further prayer of the petitioner is for quashing the order as contained in memo No.745 dated 11.10.2010, by which the respondent No.6 has

(2.) DIRECTED the petitioner to deposit the entire amount of Rs.14,67,166/ - received as excess amount of salary on account of his forged appointment; otherwise F.I.R. may be lodged against him and further to allow the petitioner to function on the post on which he has been discharging his duty since 29.12.1971. The petitioner claims to have been appointed to the vacant post of Clerk -cum Storekeeper at Manjhi in the District of Saran by the Civil Surgeon, Chapra under due selection process, as an advertisement for as many as 24 posts of Lower Division Clerks was made in Hindi daily newspaper "Aryavarta". It is stated that after the selection process ,16 persons were found eligible and the petitioner was appointed and joined on 29.12.1971 on the basis of the appointment letter issued by the Civil Surgeon, Saran before the Rural Family Planning Centre, Manjhi. It is stated that since then the petitioner has been regularly discharging his duty and his name finds place in the Acquittance Roll of 1971 for the first three days of his service i.e., from 29.12.1971 to 31.12.1971. The petitioner was granted salary and also received his due increments and promotions from time to time and at no stage any issue was raised regarding illegal

(3.) TREASURY , failing which appropriate action would be taken against him and an F.I.R. would be lodged. Learned counsel for the petitioner submits that the entire action has been taken by the respondents in a most arbitrary and unreasonable manner without initiating any proceeding and without complying with the principles of natural justice. It is submitted that the petitioner, being a permanent employee having functioned for nearly 39 years, merely on the ground that he is unable to produce his appointment letter after nearly four decades of his appointment during which period the validity of his appointment has never been challenged or even looked into as suspicious/fake by any one, cannot be penalized in the manner the authorities have done without initiating a proper proceeding as required under the provisions of Article 311 of the Constitution of India. It is, however, pointed out by learned counsel for the petitioner that during the pendency of the writ petition by order dated 28.3.2011 of the Civil Surgeon -cum - Chief Medical Officer, Saran, the petitioner was directed to join on the earlier post immediately, Accordingly, the petitioner has submitted his joining on 28.3.2010 and is continuously working on the post but no