AJAY SHANKER SRIVASTAVA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has prayed for quashing the order whereby he has been punished in a departmental proceeding by imposing break in service and recovery of salary on the alleged charges of unauthorized absence.

(2.) THE petitioner while posted as Medical Officer at Topchanchi in the year 1996, a departmental proceeding was initiated against him. The Disciplinary Authority of the petitioner was Commissioner and Secretary, Department of Health Services, Government of Bihar and the Director of Health Services, Govt. of Bihar was appointed as Inquiry Officer. The petitioner 'scase is that the Inquiry Officer after holding full -fledged inquiry submitted its inquiry report holding that the charges have not been proved. The Disciplinary Authority in spite of the charges having not been proved passed the impugned order of punishment without any show cause notice or opportunity of hearing.

(3.) A counter affidavit has been filed by the respondents State of Bihar wherein the affidavit has been sworn in by Chief Malaria Officer, Department of Health, Government of Bihar. In para 3 of the counter affidavit it is stated that the enquiry report of the Inquiry Officer has been sent to the State of Jharkhand. It is further stated that since the petitioner is posted in the State of Jharkhand, so his grievance shall be redressed by the State of Jharkhand.