JANAK LALI SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties as with regard to the following relief prayed in this writ application:

(2.) Per contra, learned counsel for the State has supported the impugned order of punishment by referring to the materials on record and his main limb of submission is that the petitioner was found absent from duty without there being any prior information given with regard to her so called illness and that the information which was given by her was only after sudden inspection was held by the Cabinet Minister of Health. He has also submitted that the so called plea of illness of the petitioner was required to be proven by her but from the materials on record it was more than clear that she had failed to even prove her such illness. He has also, while justifying the impugned order of punishment, referred to the enquiry report to demonstrate that the Enquiry Officer had failed to take into consideration that there was no prior information of the petitioner being ill and her being not in a position to attend her work in the Government Dispensary on 14.5.2003 and thus the disciplinary authority deferring with such finding of enquiry and giving notice to the petitioner had held her guilty of the misconduct of her being unauthorised absent from duty. In this regard he has sought to distinguish the case of Dr. Raj Kumar Chaudhary by explaining that in his case a finding could be arrived at that there was prior information of his remaining absent from duty.

(3.) In order to appreciate the aforesaid rival submissions of both the parties it would be necessary to take stock of some of the relevant facts. The petitioner is a lady doctor who at the relevant point of time was posted in Referral Hospital at Barahiya in the district of Lakhisarai. In all there were five doctors posted in the Referral Hospital but when a sudden inspection was carried out by the Cabinet Minister of Health on 14.5.2003 at 10 a.m. the whole hospital was found to be closed with none of the doctors to be present on their duty. As a result of the said sudden inspection the petitioner and four other doctors, namely, Dr. Arun Kumar, Dr. Raj Kumar Chaudhary, Dr. Hari Sharan Sinha and Dr. Sheela Jha, were placed under suspension by an order dated 14.7.2003. It is not in doubt that a departmental proceeding was also initiated in respect of the following charges against the petitioner: <JUDIMG>1446600-1</JUDIMG>