A.C.M.O. Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and [earned counsel for the State.

(2.) 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 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.

(3.) THE A.C.M.O., Chapra issued letter dated 8.7.2010 asking the petitioner to submit the original appointment letter within two days. The petitioner submitted his representation on 12.7.2010 requesting the respondent No. 6 to get the duplicate pro cured from the office, as the same was in three copies, out of which one copy was forwarded to the Rural Family Planning Officer, Manjhi and one copy was preserved in the office of the District Family Planning Officer, Chapra, which is now the office of the ACMO, as the original appointment letter has already been submitted by him in the office of the Rural Family Planning Office, Manjhi at the time of his initial joining. In the meantime the payment of salary to the petitioner was stopped by Memo No. 706 dated 1.10.2010 and the petitioner was restrained from discharging his duty and making his attendance in the Attendance Register stating that his appointment appears to be fake suspicious. Subsequently, by the impugned letter dated 11.10.2010, the petitioner was directed to deposit the entire amount of salary of Rs. 14,67,166/ - in the Government Treasury, failing which appropriate action would be taken against him and an F.i.R. would be lodged.