RAJ KUMAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The prayer of the petitioner in this writ application reads as follows:-

(3.) Learned counsel for the petitioner in support of the aforementioned prayer has submitted that the Human Rights Commission (hereinafter referred to as the Commission) has failed to consider that the petitioner could not have been held guilty for the alleged misconduct, inasmuch as, he had joined as Incharge Medical Officer, Meenapur, Muzaffarpur on 15.11.2011 and had started functioning only since, 09.12.2011 and as such could not have accepted the joining of respondent no. 11. He has further submitted that the petitioner had made repeated correspondence with the higher authorities but in absence of any instruction as with regard to acceptance of joining of respondent no. 11, he could not have himself taken the decision for which alone he has been held guilty by the Commission. According to learned counsel for the petitioner, the main person responsible for non acceptance of joining and payment of salary to respondent no. 11 was one Dr. Sudhir Kumar Sinha and for this purpose reliance was placed on a fact finding report of Additional Chief Medical Officer, Muzaffarpur absolving the petitioner.