REKHA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner is a Medical Officer posted at the Additional Primary Health Centre, Nihaipur, in the district of Jehanabad. Having passed the M. B. B. S. examination she was appointed Civil Assistant Surgeon in the Bihar State Health Service in the year 1988 and was posted at the sub-divisional Hospital Naugachhia, in the district of Bhagalpur. She was selected for study in D.G.O course After obtaining study leave she joined the said course in the Darbhanga Medical College Hospital. After completion of the said course, she submitted her joining report in the Secretariate but she had to wait for her posting She was posted at the Additional Primary Health Centre, Nihalpur, in the month of January, 1988 and since then she has been working there.

(2.) It is stated that there is no residential quarters for a doctor at the said Additional Primary Health Centre. The petitioner has been visiting and attending to her duties to the satisfaction of all concerned. It appears that respondent No. 4, the Minister of State in the Department of Health, Medical, Education and Family Planning, Government of Bihar, visited tne said Health Centre on 26-12-1990 and passed the order by which she has been suspended. A copy of the said order has been filed as Anaexure-1 to this petition. In pursuance of the said order a letter was as contained in Annexture-2, was issued to the petitioner on the same day (26-12-1990) under the signature of respondent No. 3, the Civil Surgeon-cum-Chief Medical Officer Jehanabad, communicating the order of suspension passed by respondent No. 4. She was also asked to show cause as to why action be not taken against her.

(3.) Besides, raising other contention it has been urged by the learned counsel for the petitioner that respondent no. 4, the Minister of State in the Department of Health, Medical Education and Family Planning, Government of Bihar, is not competent to pass order of suspension of the petitioner. It is submitted that the order of suspension (Annexure-1) is without jurisdiction and consequently, Aunexure-2 is also not maintainable in the eye of law.