RAMA SHANKAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner has prayed for quashing orders dated 3.12.1997 (Annexure 4), 10.1.1998 (Annexure 5) and 10.10.1998 (Annexure 6) whereby and where under the petitioner has been dismissed from service, however, in appeal the order of dismissal was set aside and he was forced to retire prematurely.

(3.) LEARNED counsel for the petitioner submitted that the petitioner reported on duty on 9.4.1997 and just next day i.e. on 10.4.1997 he filed a representation before the authorities stating therein that since he was suffering from tuberculosis he remained absent for about 156 days and in token of that he also submitted medical prescriptions but the authorities did not consider the same nor they considered the report where it was shown that prime facie the petitioner appears to be suffering from tuberculosis. It is further submitted that even in case the disciplinary authority could have differed from the enquiry report on this point particularly, an opportunity to represent his case could have been given to the petitioner. Ultimately, it is submitted that the order of dismissal and also the order passed by the appellate authority compulsorily retiring him, must be held to be violative of the principles of natural justice.