IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.2218 of 2010
1. DR.AKHILESH KUMAR S/O LATE SHALIGRAM SINGH
R/O JUSTICE RAJ KISHSORE PATH, P.S.- KADAMKUAN,
TOWN AND DISTT.- PATNA
Versus
1. THE STATE OF BIHAR
2. PRINCIPAL SECRETARY, DEPTT. OF HEALTH GOVT.
OF BIHAR, NEW SECRETARY, PATNA
3. ADDITIONAL SECRETARY, DEPTT. OF HEALTH
GOVT. OF BIHAR, NEW SECRETARIAT, PATNA
4. JOINT SECRETARY, DEPTT. OF HEALTH GOVT. OF
BIHAR, NEW SECRETARIAT, PATNA
5. DEPUTY SECRETARY, DEPTT. OF HEALTH GOVT.
OF BIHAR, NEW SECRETARIAT, PATNA
6. DIRECTOR-IN-CHIEF, HEALTH SERVICES BIHAR,
PATNA
7. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER
ARARIA
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2 03/12/2010 Annexure-28 dated 6.7.2009 is the impugned
order by virtue of which petitioner has been dismissed
from service. Primary allegation against the petitioner is
that he had been absent for more than five years without
any authority or authorization. Necessary chargesheet
has been annexed as annexure-20 to the writ application.
Limited and pointed submission which has been
made by learned counsel for the petitioner is that
annexure-24 is supposed to be the enquiry report based
on which impugned order of punishment has been
passed. Annexure-24 is an abstract of the file or the
proceeding where the Court does not find any discussion
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as to the kind of evidence which was produced, the kind
of witnesses who were examined in support or any
explanation offered by the petitioner was considered.
The Enquiry Officer has simply recorded that the
petitioner had handed over charge to Dr. Captain D. N. P.
Sinha in 1997 and went on leave till 2002. Therefore, the
charge is proved and he recommended dismissal of the
petitioner from service.
To say the least, the enquiry report is not only
perfunctory but also a mockery of an enquiry. Such
enquiry report can never form basis for imposition of
punishment like dismissal which is the ultimate
punishment in terms of harshness which can come to
visit an employee.
Order of dismissal contained in annexure-28 is
hereby quashed. Matter is remitted back to the
authorities to appoint a fresh Enquiry Officer who will
conduct enquiry in accordance with law and the Rules
extensively laid down in the C.C.A. Rules, 2005 and then
pass appropriate orders in this regard.
This writ application is allowed accordingly.
AMIN/ (Ajay Kumar Tripathi, J.)
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