SANT CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner was working as Civil Surgeon cum Chief Medical Officer at Samastipur during the period 1988-90 when it is said that medicines were ordered from M.S.D. Kolkata which were much beyond the sanctioned amount of medicines to be purchased by Civil Surgeons of various districts.

(2.) The Petitioner retired from service on 30.6.1998. After his retirement charges were framed and served on the Petitioner on 21.6.1999 for the purpose of initiating a departmental proceeding which contains the allegations of misappropriation for the period 1989-90 as would be apparent from the charge sheet at Annexure-5/1.

(3.) Mr. B.P. Pandey, learned Senior Counsel appearing on behalf of the Petitioner has raised several points in this writ petition, that is, (a) that the report of the enquiry conducted in the departmental proceeding was not supplied to the Petitioner which has been held to be a mandatory provisions by various judgments of this Court, (b) the department during the enquiry did not produce even a chit of paper to indicate as to how the Petitioner had connived or was responsible for misappropriation or raising high bills of M.S.D. Kolkata and (c) the second show cause served on the Petitioner indicates that the Petitioner was to show his cause with respect to reduction of 5% of the pension, whereas the order of punishment indicates that 50% of the pension amount has been deducted by way of punishment, apart from other punishments inflicted on the Petitioner.