ARJUN KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has filed the present writ application for quashing the Notification No. 1354(2) dated 13.8.2002 as contained in Annexure-6, issued by the Respondent No. 3, whereby the petitioner has been punished with censure and deduction of salary (save and expect the subsistence allowances) for the period the petitioner was under suspension. The petitioner has also prayed for quashing the Appellate Order dated 18.7.2003 passed by Respondent No. 3 as contained in Annexure-8 by which the appeal against the punishment order of the petitioner has been dismissed and the prayer has also been made for quashing of the order dated 30.3.2007 as contained in Annexure-9 issued by the Joint Secretary, whereby the representation of the petitioner against the impugned order of punishment dated 13.8.2002 has also been rejected. Besides this the petitioner has also prayed for payment of due salary and subsistence allowance for the period under suspension as at the relevant time, the petitioner was posted as Assistant Medical Officer at Pilgrim Hospital, Gaya. The petitioner has challenged the order of punishment dated 13.8.2002 on the ground that the order of punishment does not reflect that the authorities have arrived at the conclusion that the petitioner was guilty, before inflicting punishment upon the petitioner. The petitioner's second contention is that no show cause was issued prior to imposing of punishment, as is required under Rule 55(A) of Civil Services (Classification, Control and Appeal) Rules.

(2.) The petitioner at the relevant time being Medical Officer was posted at Pilgrim Hospital, Gaya. The case of the petitioner is that on 24.7.2001, the petitioner alongwith others were put under suspension vide Annexure-3 because on 18.12.2000, during surprise inspection of the Health Minister, they were found absent. Subsequently, show cause was issued to the petitioner vide Memo No. 1496 (2) dated 7.11.2001, as contained in Annexure-4, whereby, the petitioner was directed to submit his show cause within two weeks. The charge against the petitioner as per the show cause was that the petitioner was found absent on 18.12.2000 at 9.45 AM, when the Health Minister conducted surprise inspection, which demonstrates indiscipline and carelessness of- the petitioner. On 23.11.2001, the petitioner submitted his show cause to the effect that in pursuance to Memo No. 3939 dated 5.12.2000 issued by the Civil Surgeon, Gaya, the petitioner went to Saharsa to depose as a witness in a case in which the date was fixed on 15.12.2000. The petitioner proceeded for Saharsa on 13.12.2000 at night but he could not return back as he fell ill due to loose motion, dehydration and weakness, hence he stayed at Saharsa till 17.12.2000 and since there was a strike/bandh called by some political organization, he could reach Gaya on 18.12.2000 in the afternoon and the petitioner then intimated the Civil Surgeon on 18.12.2000.

(3.) Learned counsel for the petitioner had challenged the impugned order as contained in Annexure-6, whereby the petitioner's suspension was revoked with awarding the punishment of censure and the petitioner was deprived of his salary for his suspension period except the subsistence allowance vide memo no. 1354(2), dated 13.8.2002 contained as Annexure-6, on two grounds, firstly that under Rule 55(A) of the Civil Services (Classification, Control and Appeal) Rules, before imposing punishment, a show cause ought to have been served but he was not given any opportunity before imposing punishment and secondly that the impugned order does not assign any reason for reaching to conclusion of amending punishment to the petitioner.