IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC NO.9283 OF 2004
DR.AMRENDRA KUMAR 'AMAN', SON OF SHRI L.C.RAM, RESIDENT OF
VILLAGE BARAWA, POLICE STATION ASAW, DISTRICT SIWAN. AT PRESENT
WORKING AS ADDITIONAL CHIEF MEDICAL OFFICER, MUNGER.PETITIONER
VERSUS
1. THE STATE OF BIHAR
2. THE SECRETRY, DEPARTMENT OF HEALTH, MEDICAL EDUCATION
AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA
3. THE DEPUTY SECRETARY TO THE GOVERNMENT, HEALTH, MEDICAL
EDUCATION AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF
BIHAR, PATNA
4. THE UNDER SECRETARY TO THE GOVERNMENT, HEALTH, MEDICAL
EDUCATION AND FAMILY WELFARE DEPARTMENT, GOVERNMENT OF
BIHAR, PATNA
5. THE CIVIL SURGEON -CUM- CHIEF MEDICAL OFFICER, MUNGER
.......................................................................................RESPONDENTS
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FOR THE PETITIONER :- MR. DINU KUMAR, ADVOCATE
MR. BINOD KUMAR, ADVOCATE
FOR THE S T A T E :- MR. NIRMAL KUMAR SINGH, ADVOCATE
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3 02/12/2010 The petitioner is aggrieved by the orders as
contained in Annexure-5 and Annexure-11 to the writ
application. By Annexure-5 dated 04.07.2003, the
petitioner has been awarded punishment of censure
whereas by Annexure-11, the petitioner has not only
been awarded punishment of censure but it has also
been observed that the petitioner would not be entitled to
the payment of salary or allowances except subsistence
allowance for the period under suspension. The petitioner
was put under suspension primarily for the reason that
he did not attend the meeting which was held by the
District Magistrate on 15.11.1999 & 25.11.1999. Later, a
departmental proceeding was initiated against the
petitioner and charge sheet was submitted against the
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petitioner on 14.11.2001. The petitioner has filed his
show cause which is contained in Annexure-4, which has
led to the impugned orders.
Counsel for the petitioner contends that the
enquiry report was not served on the petitioner and thus,
the petitioner had no way of knowing the materials that
have come against him in the departmental proceeding. It
is well settled law that the copy of the enquiry report
ought to be served upon the incumbent who is facing the
disciplinary proceeding. In any event, the Under
Secretary of the Government has passed an order of
censure after considering the enquiry report. The order
which is contained in Annexure-5 can hardly be called an
‘order’ as it does not disclose a single line showing
application of mind of the concerned authority. The order
merely states that after considering the enquiry report,
the petitioner is awarded the punishment of censure.
After the order of censure, issued on 04.07.2003, the
petitioner filed a representation (Annexure-6) to the
Commissioner -cum- Secretary, Health Department
which was reiterated by Annexure-7 and Annexure-10,
praying therein that he should be exonerated from the
punishment of censure. While disposing of the aforesaid
representation filed by the petitioner, the Commissioner –
cum- Secretary not only confirmed the punishment of
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censure, but in addition also ruled that the petitioner
would not be entitled to payment of salary or allowances
except subsistence allowance for the period under
suspension.
This Court has already held that Annexure-5 is
a non-speaking order and can hardly be justified but the
order contained in Annexure-11 is beyond the principles
underlying departmental proceeding jurisprudence. It is
unimaginable that the authority should inflict the
punishment for unknown reasons or merely because the
incumbent concerned had asked for payment of salary
during the suspension period. It is unheard of and
cannot be sustained for any reason whatsoever.
In the result, I quash Annexure-5 on the
ground that it is a non-speaking order and Annexure-11
for the reasons mentioned aforesaid.
The department concerned may initiate fresh
proceedings from the stage of holding a fresh enquiry into
the matter if it thinks fit and proper, keeping in mind
that the occurrence took place in the year 1999 and
charges were framed in the year 2001.
This application is allowed to the extent
aforesaid.
Anand ( Sheema Ali Khan, J. )