NARENDRA PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order of punishment dated 31.10.2016 issued under the signature of the Under Secretary, Health Department, Government of Bihar, Patna whereby and whereunder the petitioner has been inflicted with the punishment of withholding of one increment without cumulative effect as also withholding of salary for the period of absence i.e. for the period 01.05.2012 to 19.08.2014.

(2.) The brief facts of the case are that a departmental proceeding was initiated vide letter dated 08.02.2013 issued by the Under Secretary, Health Department, Government of Bihar, Patna, at the time, the petitioner was posted as Medical Officer in the Modified leprosy control unit, Nalanda at Biharsharif on the allegation that he has been unauthorizedly absent and has also not joined his duties, after his leave applications had been rejected. The petitioner had then filed a detailed reply, whereupon the respondent authorities vide letter dated 29.10.2013 had decided to initiate a departmental proceeding and had also appointed an Inquiry Officer while enclosing the charge-sheet. The Inquiry Officer is stated to have conducted the inquiry proceedings and had submitted an inquiry report dated 27.01.2014 whereby and whereunder the petitioner was exonerated of the charges levelled against him. The disciplinary authority had then vide letter dated 28.01.2016 issued a second show cause notice to the petitioner not only differing with the opinion of the Inquiry Officer, but also spelling out the reasons for differing with the report of the Inquiry Officer. The petitioner had then submitted his detailed reply vide his letter dated 09.03.2016 to the aforesaid second show cause notice dated 28.01.2016, however, the disciplinary authority had passed the impugned order dated 31.10.2016, inflicting the aforesaid punishments upon the petitioner herein.

(3.) The learned counsel for the petitioner has submitted that the petitioner had, all of a sudden, become ill on 14.06.2012, whereafter he was treated at Sadar Hospital Nalanda at Biharsharif, however, the petitioner was referred for advance treatment at Indira Gandhi Institute of Cardiology, PMCH, Patna, whereupon he had submitted application on 14.06.2012, for grant of casual leave from 15.06.2012 to 16.06.2012, before the Respondent No. 6 for enabling him to undergo advance treatment at Patna. It is the case of the petitioner that he was treated at IGIC, Patna on 15.06.2012 and the petitioner was found suffering from cardiac problem, hence, he was advised complete bed-rest. The petitioner had then filed several applications for extension of his leave before the Respondent No. 6. In fact, the petitioner is stated to have also suffered from Jaundice, hence, he had submitted his application for extension of his leave upto 21.08.2014. The learned counsel for the petitioner has further submitted that a short legal issue is being raised for the purposes of assailing the impugned punishment order dated 31.10.2016 to the effect that the impugned order dated 31.10.2016 is absolutely unreasoned and does not depict either consideration of the replies submitted by the petitioner to the second show cause notice dated 28.01.2016 or any application of mind by the disciplinary authority, hence, the same is fit to be quashed on this sole ground alone.