DR. RAM NARESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Learned Counsel for the petitioner and Learned Counsel for the State. This petition has been filed for quashing order dated 10.7.2003 (Annexure -10 to the writ petition), by which the learned Commissioner -cum -Secretary, Department of Health, Government of Bihar, (Respondent No. 1) rejected the representation of the petitioner and also for a direction to the authorities to fix the pension and gratuity of the petitioner and to pay it to him alongwith dues of salary in lieu of earned leave and also to pay monetary benefits on account of the petitioner's promotion vide Government memo no. 393(4) dated 11.7.1998 with effect from 1990.

(2.) HOWEVER , Learned Counsel for the respondents submits that all the retrial dues have been paid to the petitioner except 10% of pension and full gratuity and also monetary benefits on account of his said promotion as departmental proceeding and C.B.I., enquiry are going on against the petitioner.

(3.) IT is not in dispute that in last couple of months of the year 1990 -1991 the petitioner was working as Incharge Medical Officer, Sub -Divisional Hospital, Naugachhia, but no purchase order was given by the petitioner, whereas, Dr. J.P. Jha was posted as Deputy Superintendent in the said Hospital for major portion of the year 1990 -91 when the purchase order was given for that year and another person Dr. Sheo Nandan Prasad was posted as Deputy Superintendent in the said Hospital when the purchase order was given for the year 1992 -1993. In paragraph 5 of the second supplementary counter affidavit, the said fact is admitted and it is stated that above named Dr. J.P. Jha and Dr. Sheo Nandan Prasad were granted full pension and retiral dues as they had also retired on 28.2.1991 and 21.10.1995 respectively.