High Court Patna High Court - Orders

Dr.Akhilesh Kumar vs The State Of Bihar &Amp; Ors on 3 December, 2010

Patna High Court – Orders
Dr.Akhilesh Kumar vs The State Of Bihar &Amp; Ors on 3 December, 2010
               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
                                       -----------

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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