SUBARN SHEKHAR JHA Vs. STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA

JUDGEMENT

(1.) BY this writ application, the petitioner, a retired Civil Surgeon, has assailed the order of punishment pursuant to the departmental proceedings withholding his 5% of pension permanently.

(2.) Facts which are not in dispute is that the petitioner at the relevant point of . time was holding the post of Civil Surgeon - cum -Chief Medical Officer, Motihari and was subjected to a departmental proceeding in respect of following six charges: -

(3.) HERE it is not in dispute that the petitioner was accorded reasonable opportunity of hearing in course of departmental proceeding. Thereafter, the enquiry officer on 22.11.2004 had submitted his enquiry report holding that charge nos. 1, 3, 4 & 5 were not proved whereas charge nos. 2 & 6 were proved. The petitioner, thereafter, was not only given a copy of the enquiry report but was also subjected to a second show -cause notice dated 15.2.2005 to explain the findings as with regard to the aforementioned charge nos. 2 & 6. The petitioner had also submitted his show - cause reply on 16.3.2005 whereafter the aforementioned order of punishment dated 30.6.2005 has been passed withholding his 5% of pension permanently.