ARUN KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Jagannath Singh, learned counsel appearing for the petitioner and Mr. Mrityunjay Kumar, learned Assisting Counsel to Government Pleader No.12 for the State.

(2.) The petitioner has questioned his suspension order bearing Memo No.2713 dated 16.6.2016 issued by the State Government in the Social Welfare Department impugned at Annexure-7 to the writ petition.

(3.) Although there are various facets attached with the suspension order for consideration of the issue at hand but I would only be briefly enumerating the facts involved. Annexures 1 and 2 are the leave applications of the petitioner on suffering heat stroke and are dated 29.4.2016 and 23.5.2016. The petitioner has prayed for leave with effect from 29.4.2016 until 7.5.2016 and thereafter. Medical prescriptions accompany the leave applications. The District Magistrate cum- Collector, Patna vide Annexure-3 while questioning the petitioner on his leave, directs him to attend the Medical Board. Apparently he doubts the ground assigned by the petitioner for leave. This letter is also shrouded with cloud because the date 23.5.2016 has been over written to read as '13.5.2016'. It is not clear whether or not, it is a bonafide mistake. Nonetheless the petitioner in obedience reported before the Medical Board on 24.5.2016 vide Annexure-4 and was examined by the Medical Board so constituted, the report of which has been forwarded by the Civil Surgeon cum- Chief Medical Officer, Patna vide his letter dated 17.6.2016 placed at Annexure-6. The Medical Board report accompanying the letter takes notice of the treatment and though records the petitioner fit for assuming duty but with a rider of restricted physical activity. The situation is that even before this report dated 17.6.2016 could reach the District Magistrate that he has already made recommendation for suspension of the petitioner vide letter No.5304 dated 25.5.2016, a copy of which is placed on record vide Annexure 'C' to the counter affidavit. This letter which is addressed to the Principal Secretary, Social Welfare Department makes reference to a letter dated 13.4.2016, a copy of which is placed at Annexure 'B" at running page 43. The petitioner by the show cause was charged with non-distribution of the Divyang scholarship and not keeping the account books in proper form. He is also charged with not refunding the unspent amount allotted under different schemes and non-distribution of the pension. This show cause is dated 13.4.2016 and whereafter the petitioner suffering heat stroke applied for leave. While on one hand the District Magistrate vide letter dated 13.5.2016 directed the petitioner to report before the Medical Board, alongside he also recommended for his suspension vide letter dated 25.5.2016 and one fails to appreciate the hurriedness behind it.