AMRESHWER PRASHAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present petition has been preferred mainly for the reason that the present petitioner has been suspended vide order dated 31th February, 2009 passed by respondent No. 5 (Annexure 12 to the memo of present petition). Government constituted an Inquiry Committee whereby a report has been given that there are irregularities in selection as well as appointment of Medical Officers in the Department of Ayush and letter has also been issued by Secretary, Health Department dated 22nd January, 2009 (Annexure 9 to the memo of the petition) whereby it has been stated that without taking prior approval for issuance of appointment letters, the concerned Medical Officers have been appointed in the Department of Ayush and, therefore, the petitioner is suspended pending inquiry vide order dated 31th February, 2009, which is under challenge.

(2.) I have heard learned Counsel for the petitioner, who has submitted that the only role played by the present petitioner is that he is the chairman of the Selection Committee for the appointment of Medical Officers in the Department of Ayush. The petitioner has only recommended the names of the Medical Officers for the appointments and the actual appointment is being done by the Secretary of the concerned department of the Government. Petitioner has nothing to do with the appointments of the Medical. Officers in the Department of Ayush and, therefore, the suspension Order passed by respondent No. 5 deserves to be quashed and set aside. It is also submitted by learned Counsel for the petitioner that the suspension order passed by respondent No. 5 dated 13th February, 2009 at Annexure 12 to the memo of the petition is not based upon the true and correct facts, therefore, also the suspension order passed by respondent No. 5 deserves to be quashed and set aside. It is also submitted by learned Counsel for the petitioner that after recommendation of the names of the Medical Officers/successful candidates, necessary approvals have been given by all the hierarchies at the secretariat level/Government level.Counsel for the petitioner has taken this Court to the nothing of the file as revealed from Annexure 5 to the memo of the present petition and pointed out that selections of the Medical Officers in the Department of Ayush have been approved by the Secretary i.e. by respondent Nos. 3 and 4 as well as by concerned Minister of the State of Jharkhand. It is also submitted by learned Counsel for the petitioner that all the names of the successful candidates were sent to the Government in one lot by the petitioner, but, the respondents have bifurcated the names into parts/phases. So far as phase one is concerned, there are no allegations by the Government upon anybody and they have appointed some candidates as Medical Officers in the Department of Ayush. So far as second phase is concerned, allegations are levelled against the petitioner is that in selection as well as in appointments, there are some irregularities committed by the present petitioner, as per report of the Inquiry Committee and, therefore, petitioner is suspended vide order dated 13th February, 2009. It is also submitted by learned Counsel for the petitioner that even the second lot of the appointment of Medical Officers was also approved by the concerned Secretary as well as by the concerned Minister. Petitioner has never issued any appointment letter to any Medical Officer. Petitioner is a mere recommendatory authority, who has nothing to do with the appointment or who has nothing to do with the issuance of the appointment letters and, therefore, the suspension order passed by respondent No. 5 at Annexure 12 deserves to be quashed and set aside. Learned Counsel for the petitioner has taken this Court to several paragraphs of .the memo of the petition especially paragraphs 17, 22, 23, 24 and 25 and the reply given by the Chief Secretary of the State of Jharkhand in his affidavit in paragraphs 31, 36 and 37 and submitted that a false affidavit has been filed, ay the Chief Secretary of the State. Likewise, Counsel for the petitioner has also taken this Court to the affidavit filed by respondent No. 3 and pointed out that several incorrect statements have been made by respondent No. 3 in his affidavit. It is also submitted by learned Counsel for the petitioner that the reasons given for the suspension in order at Annexure 12 is based upon no fact on record and, therefore, the same deserves to be quashed and set aside. Petitioner is ready and willing to co -operate the departmental inquiry. I have heard learned Advocate General on behalf of the respondents, who has submitted that there are several irregularities and illegalities committed by the present petitioner and, therefore, the State of Jharkhand has appointed an Inquiry Committee, who has given its report and as per the report of the Inquiry Committee, which was of the nature of preliminary inquiry and its report reflects the irregularities committed by the petitioner. This fact has been reflected in the order of suspension passed by respondent No. 5 dated 13th February, 2009 and, therefore, for conducting departmental inquiry, the present petitioner has been suspended. Petitioner being an influencing officer and if he continues on the post, he may affect or he may tamper with the evidences and, therefore for holding neutral inquiry, the petitioner has been suspended. It is also submitted by learned Advocate General of the State that Inquiry Committee's report is at Annexure D to the counter affidavit filed by the Chief Secretary of the State. It is also submitted by learned Advocate General that charge sheet has also been issued which is at Annexure J to the counter affidavit filed by the Chief Secretary and as per the charge sheet, there are more than one dozen allegations or charges against the present petitioner which includes that Under Secretary of the State of Jharkhand was kidnapped by the present petitioner and others, and under threat and coercion, his signatures were taken on the file of the Government and without taking prior approval of the Secretary of the concerned department, hurriedly appointment letters were issued.Learned Advocate General has taken this Court to Annexure F to the counter affidavit filed by the Chief Secretary, which is a letter of the Under Secretary of the State of Jharkhand. It is also submitted by learned Advocate General that looking to the order at Annexure 12, which is a suspension order of the petitioner during pendency of the inquiry, it has been stated by respondent No. 5 that there are irregularities committed by the present petitioner in the selection as well as appointment of the Medical Officers in the Department of Ayush. The selection might have been sanctioned by the Stat Government. There may be selection/approval by the State of Jharkhand, but, so far as appointment letters are concerned, never the draft was approved by the Secretary of the department and before any draft is sanctioned by the Secretary of the concerned department, Under Secretary was kidnapped and he was compelled to sign certain papers on the original file as per allegation at Annexure F to the counter affidavit filed by the Chief Secretary. Likewise, there are other irregularities also connected with the appointment letters which are enumerated in the charge sheet. Charge sheet is at Annexure 5 to the counter affidavit filed by the Chief Secretary of the State of Jharkhand and, therefore, it is submitted by learned Advocate General that petitioner is suspended during the course of departmental inquiry and now charge sheet is already issued and if the petitioner co -operates, the departmental inquiry will be completed as early as possible and practicable, preferably within a period of two months and if the petitioner permitted to resume the duties, being a high ranking officer, there are ail chances that the may tamper with the evidences.

(3.) HAVING heard learned Counsels for both the sides and looking to the facts and circumstances of the case, it appears that: (i) The present petitioner is the chairman of the Selection Committee of Medical Officers in the Department of Ayush. Several Medical Officers were selected by him and the names were sent to the Government for its approval. (ii) It appears that out of whole list, some of the candidates were appointed as Medical Officers in the Department of Ayush. So far as second lot of Medical Officers is concerned, it appears that file has moved to the Government for necessary sanctions etc. It also appears that the necessary sanctions etc. were given by the Government even for second lo OF Medical Officers in the Department of Ayush, looking to Annexure 5 to the memo of the present petition.