ASHA RANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner seeks quashing of the resolution as contained in Memo No. 566(9) dated 6.7.2009 issued under the signature of Joint Secretary, Health, Govt. of Bihar, respondent no. 5 whereby, the petitioner has been dismissed from service by way of punishment granted in terms of Rule 76 of Bihar Service Code.

(2.) Petitioner was appointed as Medical Officer and was posted at Referral Hospital, P.P. Pro, Farbisganj, Araria. She was served with memo of charges for her unauthorized absence from service for more than five years. Show cause was submitted by the petitioner and, thereafter, inquiry was held and order of dismissal has been passed by the State authority. The Memo of Charge has been appended as Annexure-7 to writ petition and Annexure-A to the counter affidavit filed on behalf of the State.

(3.) Limited issue has1 been raised on behalf of the petitioner that from perusal of the inquiry report, which has been appended as Annexure-17 and also Annexure-C to the counter affidavit, it appears that the same is merely abstract of the file of the proceeding and there is absolutely lack of any discussion or any finding recorded on the explanation given by the petitioner. Petitioner's case has been recorded in the inquiry report only to the extent that she had gone on leave on 20.1.1996 after submitting the application for leave for several reasons including kidnapping of her brother, treatment of her husband and son who had been operated in the year 1998. She has finally given her show cause on 9.7.2002 before the Commissioner-cum-Secretary. Thereafter, it has been recorded that the charges framed upon the petitioner has been found to be proved. There is not even a brief of discussion as to why explanation given by the petitioner-has not been found fit to be accepted or what are the reasons for its rejection. Learned counsel has placed reliance upon a decision of this Court dated 3.12.2010 passed in C.W.J.C. No. 2218 of 2010 in the case of Dr. Akhilesh Kumar, i.e., the husband of the petitioner who was also served with charge-sheet under the same letter.