BISHWANATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal has been filed by the appellant herein against the order dated 13.8.2007 passed in C.W.J.C. No.12987. The writ petition was filed against the order bearing letter No. 1483, dated 2.9.2005 (Annexure-20 to the writ petition), passed by the Superintendent, Anugrah Narain Magadh Medical College and Hospital, Gaya, whereby the petitioner has been dismissed from the post of Dresser of the said College in pursuance of a departmental proceeding. In the writ petition, the matter has been contested by the State. The case of the appellant seems to be that he was appointed on daily wages basis as a Dresser and subsequently, he was absorbed on the post of Dresser on a vacant post and his services were confirmed on the post of Dresser on 1.9.1998. When he was asked to take charge of Minor Operation Theatre and work as a Minor Operation Theatre Assistant, the appellant refused to take charge of Minor Operation Theatre on the ground that he was only a Dresser and he is not acquainted with the instruments of Minor Operation Theatre. It is the case of the appellant that he was subsequently, transferred from Nishatna Department to the Minor Operation Theatre but he refused to take charge of the Minor Operation Theatre which would not have been treated to be disobedience for the reasons that he expresses his inability to deal with the equipments and instruments of the Operation Theatre as he was only a Dresser. It was also contended before the learned Single Judge that the punishment for disobedience was very harsh and it has to be quashed.

(2.) The learned Single Judge having gone through Rule 429 of the Bihar Health Manual has held that refusal of the appellant to work in the Operation Theatre would indicate that the appellant is not fit to continue in service and dismissed the writ petition.

(3.) Learned Sr. Counsel appearing on behalf of the appellant has contended that he was deputed to work in the Minor Operation Theatre but as he was not acquainted with the equipments and instruments of the Operation Theatre therefore, he was not able to take charge of the Minor Operation Theatre which would not amount to disobedience of the orders of the superior authorities. The admitted facts remains that the appellant was appointed as a Dresser and subsequently, he was confirmed on the said post. The transfer order annexed as Annexure-6 to the writ petition did not indicate that his transfer on the post of Assistant in the Minor Operation Theatre was made on the basis of his own affidavit filed in support of writ petition. The appellant's contention was that he was appointed as a Dresser and subsequently regularized on the vacant post, as indicated in the judgment of learned Single Judge. Rule 3 of Rule 429 of the Bihar Health Manual indicates the duties and functions of the Dresser, which is quoted hereinbelow:-