RAGHUBANSH TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioner was a clerk in the Health Department posted in the district of Rohtas. In contemplation of a departmental proceeding in relation to illegality in respect of procurement of medicines from the Medicine Store Depot, Calcutta, the Petitioner was suspended on 8.3.1999. A preliminary enquiry report was submitted on 15.7.1999. The Petitioner remained suspended. The Petitioner against this suspension, moved this Court by filing CWJC No. 11817 of 1999, which was disposed of, without favourable order, on 13.1.2005. Against the said order of this Court, Petitioner preferred L.P.A. No. 124 of 2005, which was disposed of by order dated 17.2.2005, which is Annexure-1 to the writ petition. This Court, inter alia, took an undertaking from the Secretary, Department of Health to recall the order of suspension and complete the enquiry within a period of four months because the matter had been pending for almost six years without any progress. Accordingly, on 17.2.2005, the suspension of the Petitioner was revoked and soon thereafter, on 4.4.2005, an enquiry report was submitted. The enquiry report noticing various controversies, in fact, held that there was no material to prove the charges against the Petitioner but there was strong suspicion of Petitioner's involvement in the illegality that was committed. The enquiry report having been submitted and apparently the disciplinary authority being the Director-in-Chief, Health Services, Bihar, disagreeing with him, issued a show cause notice to the Petitioner under memo No. 507 (4), dated 4.6.2005 (Annexure-E to the State's counter affidavit) . In the show cause it is stated that in view of enquiry report, which was supplied to the Petitioner, the Petitioner comes within the ring of suspicion and as such he should show cause in terms of Rule 43 (b) of the Bihar Pension Rules, why order be not passed for restricting the pensionary benefit to 50 percent. It appears that the Petitioner did not respond. Accordingly, a fresh notice was issued on 27.8.2005, which is Annexure-9 to the writ petition, reiterating the same. On 6.10.2005, Petitioner filed his show cause.

(2.) As the Petitioner had been under suspension for almost six years without being paid his full remuneration, the present writ application was filed with a prayer for a direction to the State to make full payment of his remuneration for the period of suspension. The writ petition having been filed during its pendency, on 6.2.2006, a punishment order was passed holding that in view of charges as against the peti- tioner and the Petitioner having been found guilty, he will not be entitled to any further remuneration for the period of suspension. By interlocutory application, the Petitioner has sought further relief, inter alia, for quashing the order of punishment, dated 6.2.2006.

(3.) The pleadings being completed with the consent of the parties, this application, has been heard at length for disposal at this stage itself.