BINOD KUMAR SAFI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The present writ petition has been filed for the following reliefs:-

(3.) The brief facts giving rise to the present writ petition are that while the petitioner was posted as Civil Surgeon-cum-Superintendent, Sadar Hospital, Gumla from 3/12/1990 to 23/5/1995, wherein he had issued indent for supply of medicine in accordance with the existing purchase policy of the government within the allotment. After the petitioner was transferred from Gumla, an enquiry was conducted by the Regional Deputy Director (hereinafter referred to as RDD), Health, Chota Nagpur, Ranchi with regard to supply order of medicine from MSD, Kolkata. The RDD after conducting an enquiry, submitted his report, copy whereof was also served upon the petitioner. The report so submitted stated that the order for supply of medicine was within the allotment. After six years of the submission of the report, vide notification contained in memo no. 1075 (3) dtd. 21/8/2002 issued under the signature of the Joint Secretary to the Government, Department of Health, Government of Bihar, Patna the petitioner was put under suspension and his headquarter was fixed in the office of the Regional Deputy Director, Health Service, Muzaffarpur. Subsequently, vide letter no. 702 (9) dtd. 12/9/2003 issued under the signature of the Deputy Secretary to the Government, Department of Health, Government of Bihar, Patna, memo of charge was issued against the petitioner and he was directed to submit his reply to the show cause notice. After suspension, since the subsistence allowance was not being paid to the petitioner, the petitioner filed a writ petition before this Court, which was numbered as C.W.J.C. No. 2702 of 2005. The said writ petition was heard by a learned Co-ordinate Bench of the Court and vide order dtd. 24/5/2006, the learned Co-ordinate Bench proceeded to allow the writ petition, preferred by the petitioner. After passing of the order dtd. 24/5/2006 in C.W.J.C. No. 2702 of 2005, vide memo no. 605 (9) dtd. 13/5/2006 issued under the signature of the Deputy Secretary to the Government, Department of Health, Medical Education and Family Welfare, Government of Bihar, Patna, a decision was taken to initiate departmental proceeding against the petitioner on the charges which were served upon the petitioner vide letter no. 702 (9) dtd. 12/9/2003. It was further mentioned in the said letter dtd. 13/5/2006 that the Presenting Officer and the Enquiry Officer/Conducing Officer would be appointed later on. It was further ordered to serve the letter dtd. 13/5/2006 upon the petitioner along with the memo of charge, which was issued vide letter dtd. 12/9/2003. The petitioner was directed to submit his show cause reply. In compliance thereof, the petitioner vide his letter dtd. 7/7/2006, submitted his reply to the show cause notice, wherein he gave a detailed para-wise reply to the charges levelled against him. During pendency of the departmental proceeding vide memo no. 746 (3) dtd. 25/6/2008 issued under the signature of the Deputy Secretary to the Government, Department of Health, Government of Bihar, Patna, the suspension of the petitioner was revoked and he was posted in the office of the Deputy Director, Health Services (Headquarter), Government of Bihar, Patna. The petitioner asked for certain documents vide his letter dtd. 6/11/2009. Vide letter no. 156 (9) issued under the signature of the Under-Secretary to the Government, Department of Health, Government of Bihar, Patna, addressed to the petitioner, it was informed that the documents asked for by the petitioner are not relevant in the proceeding against the petitioner and with regard to certain documents, it was stated that the same have been asked for, from the concerned place and after receipt of the same, the petitioner will be served/supplied with the said documents. Again vide his letter dtd. 8/2/2010, the petitioner submitted a supplementary show cause reply before the Under- Secretary to the Government, Department of Health, Government of Bihar, Patna, wherein he again reiterated the same thing, which he has stated in his reply and further explained the department about his non involvement and not committing any mistake or irregularity in purchase of the medicine. Again vide letter dtd. 22/2/2010, the petitioner asked for certain documents to be supplied to him. Further vide his letter dtd. 13/6/2010, the petitioner again gave a supplementary show cause reply, denying all the charges which were levelled against him and he further informed the departmental enquiry Commissioner that despite his repeated directions to the departmental representative, to make available the documents and evidences related to the charge, the same have not supplied to the petitioner. Vide letter dtd. 11/7/2010, the petitioner again submitted a supplementary show cause before the departmental enquiry Commissioner. Subsequently, vide letter dtd. 15/10/2010 and 25/10/2010, the petitioner again submitted a reply to the show cause and asked for certain documents to be provided to him. Vide memo no. 49 (9) dtd. 10/1/2012 issued under the signature of the Additional Secretary to the Government, Departmental of Health, Government of Bihar, Patna, the departmental proceeding initiated against the petitioner was converted in a proceeding under Rule 43 (B) of the Bihar Pension Rules. The Enquiry Officer, after conducting his enquiry, wherein he found the charges levelled against the petitioner to be partially proved, submitted his report before the disciplinary authority on 26/4/2011. Pursuant thereto, vide letter no. 421 (9) dtd. 27/3/2012, the second show cause notice was issued to the petitioner and the petitioner was given 15 days time to file his reply to the said notice. Along with the said letter dtd. 27/3/2012, the Enquiry report was also provided to the petitioner. In compliance thereof, vide letter dtd. 10/5/2012, the petitioner submitted his detailed reply to the second show cause notice issued to him, whereby he denied all the charges levelled against him and requested the disciplinary authority to exonerate him from the charges levelled against him. Finally, vide order contained in memo no. 1245/9 dtd. 23/9/2013 issued under the signature of the Additional Secretary to the Government, Government of Bihar, Patna the petitioner was inflicted with the punishment of deduction of 20% pension and gratuity, permanently. It has further been recorded in the order that although, the Bihar Public Service Commission has not given its consent to the proposed punishment stating therein that the same is disproportionate, however, the disciplinary authority by differing with the recommendation of the BPSC, proceeded to award the punishment above-mentioned under the Rule 43 (B) of the Bihar Pension Rules.