DR. ARUN KUMAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) By way of the present application, filed under Art. 226 of the Constitution of India, the petitioner has sought for the following reliefs.:-

(2.) It is the case of the petitioner that when he was posted as Assistant Professor, in Neuro Surgery Department, Patna Medical College and Hospital, Patna, the petitioner was selected by Mazambique Government, as a doctor on contract basis for certain period. It is his case that after his selection for appointment by the Mazambique Government, he had submitted an application on 30.10.2004 for grant of permission to join under the Mozambique Government and to issue the No-Objection Certificate for the said purpose. The application, according to the petitioner, was endorsed on the same day. The said application was forwarded to the Secretary, Department of health, Medical Education, Family Welfare and Indigenous Medicines, Government of Bihar (respondent no. 2) on 04.11.2004. On 07.02.2005, the petitioner proceeded for Mazambique in anticipation of formal approval of his application and grant of No-Objection Certificate. By an order, dated 13.05.2005, the petitioner was placed under suspension on the allegation of unauthorized absence and leaving for a foreign country without permission. It is his further case that when he learnt about the said order of suspension, he came back to India and submitted his joining on 06.07.2005 in the Office of the Principal, Patna Medical College and Hospital, Patna, which was duly forwarded on 07.07.2005. He, thereafter, filed an application on 11.07.2005, before respondent no. 2 for grant of Ex-India leave for three years with effect from 16.07.2005, which was also duly forwarded on 11.07.2005.

(3.) A departmental proceeding was initiated against him with issuance of Memo No. 661 (17), dated 15.07.2005, which, according to the petitioner, was never communicated to him and he was totally unaware of the departmental proceeding. He is said to have learnt about the departmental proceeding through press communiqu , dated 14.01.2006, issued by the Department, whereby he was required to report before the Enquiry Officer within fifteen days. He is said to have made an application on 23.01.2006 before the Additional Secretary, Department of Health, Government of Bihar, with a request to allow him to report before the Enquiry Officer by the end of February. Through the letter, dated 06.03.2006, the petitioner drew attention of the respondent no. 2, stating that his earlier application, duly forwarded by order dated 04.11.2004 was still pending consideration. He requested for grant of approval for three years with effect from 06.02.2005. Through Memo No. 115 (17), dated 01.03.2007, a copy of the enquiry report was forwarded to the petitioner with a direction to reply to second show cause notice within fifteen days. He responded to the said communication by his letter, dated 16.04.2007, saying that he had not received any enquiry report and a copy of the enquiry report should be supplied to him. The petitioner made another application on 12.05.2008 for grant of leave for five years with effect from 06.02.2005. By communication, dated 10.02.2009, his application for leave was rejected. The petitioner thereafter returned from Mazambique on 06.01.2010 and on 21.01.2010, he submitted his joining before respondent no. 2 and made a detailed representation before the respondent no. 2 describing the circumstances under which he had proceeded to Mazambique. Subsequently, on 26.04.2010, the petitioner again made a request to furnish the memo of charge and enquiry report, so that he could submit his defence, but of no avail. According to him, he was not made aware, even of date/dates fixed in the departmental proceeding and the entire departmental proceeding was conducted ex-parte. He learnt through a press communiqu , published in Hindi daily "Dainik Jagran", dated 06.05.2010, that he had been terminated from service with effect from Feb., 2005, on account of his unauthorized employment in a foreign country.