CHATURVEDI SRIKANT SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner being aggrieved with the order contained in Annexure -11 which is the order of punishment and the enquiry report on the basis of which the order of punishment has been passed contained in Annexure -12 dated 1.2.1995 has moved this Court for quashing the said Annexures.

(2.) THE petitioner was put under suspension which he challenged before this Court vide C.W.J.C. No. 2599 of 1994. In the said writ application the petitioner raised allegations of mala fide as well. This Court disposed of the writ application directing the District Indigenous Medical Officer, Saran, Chapra to serve a copy of the memo of charges to the petitioner within three weeks and to conclude the departmental proceeding after six weeks of filing of the show cause.

(3.) LEARNED counsel has secondly contended that the documents mentioned in the charge -sheet have not been supplied to him. In reply to the contentions raised on behalf of the petitioner it has been submitted on the behalf of the State that Annexures -1 and 5 would show that in fact the documents had been supplied to the petitioner. Annexure -5 reveals that certain documents were supplied to the petitioner which has been controverted by the counsel for the petitioner by referring to Annexure -6 series which shows that the petitioner had not been supplied with the documents which are mentioned in the charge -sheet. Annexure -1 to the counter affidavit of respondent no. 5 shows that thereafter the Enquiry Officer supplied some of the documents mentioned in the charge - sheet by the peon but in the margin of the said Annexure -1 it has been stated that the petitioner refused to accept the same.