MEENA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned AC to PAAG II for the State.

(2.) Brief facts giving rise to the instant writ petition is that the petitioner's husband, at the relevant point of time, was a District Malaria Officer. On account of certain allegations having been made against him, he was caught red handed by the Vigilance Department while accepting illegal gratification and arrested on 24.09.1994. This gave rise to the institution of the Vigilance Police Station Case No 25 of 1994. The petitioner's husband, thereafter, was released on bail on 21.11.1994. On 31.03.1995, he was placed under suspension with retrospective effect from 24.09.1994. The petitioner's husband, thereafter, moved this Court in respect of long period of suspension in other proceedings which, for the instant case, are not relevant.

(3.) On 27.11.1997, charge memo came to be issued on the petitioner's husband which was on the same charges for which the petitioner was being proceeded against in the criminal proceeding, i e, on account of alleged illegal purchase of medicine from MSD, Kolkata. Petitioner's husband submitted his response to the charge memo on 22.12.1997. It was his specific case that he was required to see some documents before he could submit his written statement of defence in response to the charges made out in the charge memo. Series of correspondence ensued thereafter on this score. It is only on 15.03.1999 that the petitioner's husband was given the second show cause notice issue under the signature of the Deputy Secretary in the Department of Health. Along with the second show cause notice, the petitioner's husband was given a Communication dated 11.12.1998 which is supposed to be the enquiry report. The petitioner's husband has responded thereto by Annexure 16 dated 30.03.1999. Raising various grievances including the fact that no proceeding has been conducted on any date and no document whatsoever, as requested by the petitioner's husband, has been made available to him.