VANDANA KUMARI Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel appearing for the respective parties.

(2.) In this case, the petitioner is challenging the order containing memo no. 2721 dated 15.09.2017, issued under the signature of the Under Secretary, Department of Mines and Geology, Government of Bihar, Patna, whereby and where under the prayer of the petitioner for giving voluntary retirement having been rejected without disclosing the reason for rejection of his application.

(3.) The petitioner is an employee of the Mines and Geology Department, Government of Bihar, she is holding the post of In-charge Deputy Director and was posted at Muzaffarpur and vide Notification no.1651 dated 29.06.2017 the petitioner has been transferred from Muzaffarpur to Patna. Prior to issuance of transfer order, the petitioner had filed an application on 24.06.2017, requesting the State authorities to grant permission to leave the headquarter for treatment. Where after, she filed an application for 15 days leave on account of her illness on 29.08.2017 i.e. the date on which the order of transfer was passed. Later on, the petitioner again filed an application on 13.07.2017, mentioning therein that she is under the treatment of a doctor of Paras hospital and requested for extension of leave from 14.07.2017 to 13.08.2017. Again, she filed an application on 14.08.2017, requesting for extension of his medical leave from 14.08.2017 to 13.10.2017, but she was served a letter by the Special Secretary, Government of Bihar, directed her to take charge within 24 hours, otherwise ready to face the departmental action. The petitioner again filed an application on 25.08.2017, addressed to the Special Secretary, requested that she has already filed an application for medical leave that should be allowed, attaching the prescription issued by the Paras HMRI hospital. Thereafter, on 31.08.2017 she filed an application to the Principal Secretary, mentioning therein that she is not physically and mentally fit to discharge the official duty as she has been undergoing medical treatment and requested that she should be granted voluntary retirement. But, instead of granting the voluntary retirement, she has been put under suspension vide order dated 04.10.2017 followed by service of charge-sheet dated 17.10.2010, attaching the "prapatra-k"