Smt. Nishi Letare Topno vs The State Of Bihar
2021 Latest Caselaw 6085 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.6043 of 2020
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Smt. Nishi Letare Topno D/o M.P. Topno Resident of Village- Diankal, P.O. and P.S.- Torpa, District- Khunti (Jharkhand).

... ... Petitioner/s Versus

1. The State of Bihar Through the Principal Secretary, Health Department, Govt. of Bihar, Patna.

2. The Principal Secretary, Health Department, Govt. of Bihar, Patna.

3. The Joint Secretary Health Department, Govt. of Bihar, Patna.

4. The Incharge Officer State Drug Controller, Bihar, Patna.

5. The Incharge Officer Department of Finance, Govt. of Bihar, Patna.

.......Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harshwardhan Sahay, Advocate For the Respondent/s : Mr. Nagendra Pd. Yadav (SC 23) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI ORAL JUDGMENT Date : 13-12-2021 Heard learned counsels for respective parties.

In the instant petition, petitioner has prayed for the

following reliefs:-

"(i) For quashing part of Memo No. 569 dated 30.05.2019 issued by Joint Secretary, Health Department, Govt. of Bihar whereby and whereunder petitioner has been awarded punishment of Censure under Part V Rule 14 of Civil Services Classification Control Rule, 2005.

(ii) For any other order/orders as deem fit and proper."

Patna High Court CWJC No.6043 of 2020 dt.13-12-2021

Short question for consideration in the present petition is

with regard to non-consideration of petitioner's explanation dated

01.03.2019.

The disciplinary authority proceeded to impose the

penalty of censure on the score that petitioner has failed to submit

her explanation to the show cause notice dated 27.02.2019.

Per contra, it is evident that there was petitioner's

explanation/reply on 01.03.2019 by e-mail mode. There is no

reference to the reply of e-mail mode.

On the other hand, disciplinary authority proceeded to

impose a penalty of censure as if petitioner has not filed her

reply/explanation.

In the facts and circumstances, the impugned order of

penalty dated 30.05.2019 (Annexure-8) is set aside. The

disciplinary authority is hereby directed to pass speaking order

after due consideration of petitioner's explanation dated

01.03.2019 within a period of three months from the date of

receipt of this order.

In the meanwhile, the petitioner is at liberty to file

additional reply/explanation within a period of two weeks from

today.

Patna High Court CWJC No.6043 of 2020 dt.13-12-2021

With the aforesaid observations, the writ petition stands

disposed off.

(P. B. Bajanthri, J)

Vikash/-

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