NIRMAL KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved by the impugned order dated 10.12.2009, issued under the signature of the Deputy Secretary to the Government, Department of Health, Medical Education & Family Welfare, Jharkhand pertaining to punishment of censure as well as withholding of three increments with cumulative effect and the order dated 09.04.2010 , issued under the signature of the Deputy Secretary to the Government, Department of Health, Medical Education & Family Welfare, Jharkhand rejecting the prayer of the petitioner for reviewing the order dated 10.12.2009 and after quashing of the aforesaid order for grant of consequential benefits thereof.

(2.) Sans details, the facts as averred in the writ application, is that, after completion of MBBS, the petitioner was selected by the Bihar Public Service Commission to the post of Civil Assistant Surgeon and posted at Bishrampur Primary Health Centre, Palamau. The petitioner was posted as Resident Medical Officer, teaching in RIMS during 1982 to 1985. In the year 1989, the petitioner went on deputation to Libya. Thereafter, the petitioner joined as Assistant Professor, MGM College, Jamshedpur in the year 1991 and went to UK for higher training in the year 1992. Thereafter, the petitioner sent representation, as sanction leave was about to expire on 14.11.1993 and after completion of Part -II Examination of M.R.C.P. at U.K., the petitioner returned to India in the year 1996. On 05.08.1996 the petitioner gave his joining and on 04.11.1996, the petitioner was placed under suspension and charge sheet was issued upon the petitioner on 21.11.1996. The Enquiry Officer was appointed and the petitioner submitted his explanation on 16.12.1996. The Enquiry Officer in the enquiry report exonerated the petitioner and recommended for sympathetic consideration vide Annexure -12 to the writ application. Thereafter, on 15.04.1998, punishment of (i) stoppage of three increments with cumulative effect, (ii) Break in service between 14.11.1993 to 05.08.1996 and (iii) salary withheld for the period 05.08.1996 has been inflicted against the petitioner vide Annexure -13 to the writ application. Thereafter, the petitioner filed an appeal before the Health Commissioner on 15.04.1998. Since no order was passed on the appeal of the petitioner, being constrained, he filed a writ petition, W.P. (S) No. 6119 of 2002, which was disposed of vide order dated 25.03.2003 (Annexure -15) with a direction to the Appellate Authority to dispose of the appeal within a period of eight weeks and thereafter, the order of punishment has been upheld by the Appellate Authority vide order dated 03.11.2006 (Annexure -16). Thereafter, a writ petition, W.P. (S) No. 4966 of 2007 was filed by the petitioner, which was disposed of vide order dated 24.06.2008 by setting aside the order dated 03.11.2006 with a direction to the Secretary, Department of Health to take a fresh decision. Thereafter, vide order dated 10.12.2009, the Appellate Authority modified the order of punishment (i)Period of 14.11.1993 to 05.08.1996 regularized as extraordinary leave, (ii) Punishment of censor (iii) Punishment of withholding three increments with cumulative effect vide Annexure -19 to the writ application. Thereafter, the petitioner filed a review application, which was rejected vide order dated 09.04.2010 vide Annexure 21 to the writ application.

(3.) Heard Mr. Indrajit Sinha, learned counsel for the petitioner and Mr.Himanshu Kumar Mehta, learned A.A.G. appearing for the respondents -State.