VIJAYA LAXMI KUNDRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner has put to challenge, in the present writ application filed under Article 226 of the Constitution of India, a notification issued vide Memo No. 322 dtd. 5/5/2014, by the Department of Health, Government of Bihar, whereby punishment of stoppage of full pension has been imposed upon the petitioner, in exercise of powers under Rule 43(b) of Bihar Pension Rules, 1950.

(2.) Heard Mr. Chitranjan Sinha, learned Senior Counsel assisted by Mr. Siddhartha Prasad and Ms. Surya Nilambari, learned Advocates and Mr. Rajeshwar Singh, learned GA-10 with Mr. Niraj Kumar, learned AC to GA-10.

(3.) The short facts leading to issuance of the impugned order are that the petitioner, at the relevant point of time, was posted as a Lady Medical Officer in MJK Hospital, Bettiah. On the charge of misconduct in the nature of her unauthorised continuous absence from duty since 1994, a departmental proceeding was initiated against her on 4/2/2003. The Enquiring Authority found the charge of misconduct against the petitioner of her unauthorised absence from 1994 to 7/1/1999 proved. A second show cause notice was issued to the petitioner with the enquiry report giving her opportunity to comment upon the said finding in the enquiry report. The petitioner had submitted her reply on 12/6/2004. Subsequently, the Disciplinary Authority, agreeing with the findings recorded by the Enquiring Authority and upon obtaining concurrence of Bihar Public Service Commission decided to impose punishment of dismissal from service and accordingly vide the Health Department's resolution No. 675(9) dtd. 1/12/2005, the petitioner was dismissed from service.