DR. NILKAMAL NATH, SON OF LATE NIRODE BARAN NATH, PRESENTLY RESIDING AT CHACHASI COLONY NO. 1, P.O CHACKASI, DISTRICT Vs. THE CHAIRMAN

JUDGEMENT

(1.) The captioned writ application has been filed to quash order dated 29.04.2003 pertaining to removal of the petitioner as Medical Superintendent and for issuance of writ of mandamus commanding upon the respondents for reinstatement of the petitioner in services with all consequential benefits.

(2.) Sans details, the facts as disclosed in the writ application, is that the petitioner was initially appointed as Medical Officer in the year 1983 and in due course the petitioner has been given promotion as Medical Superintendent. During his continuance as Medical Superintendent, the petitioner intended to appear in Post Graduate Medical Entrance Test, 1998 of All India Entrance Examination, for which, he applied for grant of No Objection Certificate' and the same was issued by the competent authority vide letter dated 03.10.1997. It has been contended that since the petitioner had to visit his native village for some urgent work, he had taken earned leave for the period 3.10.1997 to 15.10.1997, which was duty sanctioned, but he fell ill due to jaundice, as a result of which he did not resume his official duty after expiry of earned leave period but the petitioner regularly sent his applications for extension of leave. It has further been submitted that after recovery from illness the petitioner obtained medical fitness certificate from the competent authority and requested the authority to allow him to resume duties vide letter dated 02.04.1998. It has been submitted that in spite of all the formalities completed on behalf of the petitioner as well as the authority of Pundi Project, CCL, where the petitioner was posted as Medical Superintendent, no information was received from the office of Director, Personnel, CCL with regard to acceptance of his joining. It has been submitted that in the meantime the result of Post Graduate Course was published and the petitioner requested for grant of study leave, but the petitioner on account of getting no response from the office of Director, Personnel, CCL, the petitioner left with no alternative took admission in the said Course. Thereafter, a memo of charge was framed against the petitioner vide letter dated 14/23.04.1999, in which, two charges were levelled against the petitioner. It has been submitted that thereafter inquiry officer was appointed for conducting the enquiry, who submitted his report which was sent to the petitioner vide letter dated 12.07.2001. It has been submitted that though in the enquiry report it is stated that three times notices were issued to the petitioner to appear in the enquiry but he failed to appear but the petitioner was not aware of the said notices. However, the petitioner made a representation before the respondents-authorities that he is not in a position to appear in the departmental proceeding vide letter dated 26.07.2001. It has been submitted that the respondents without considering the case of the petitioner has issued order dated 29.04.2003, by which, the petitioner has been removed from service of Medical Superintendent.

(3.) Being aggrieved by the impugned order of removal from services dated 29.04.2003, the petitioner left with no alternative, efficacious and speedy remedy has approached this Court invoking extraordinary jurisdiction of this Court under Art. 226 of the Constitution of India for redressal of his grievances.