Bindu Kumar vs The State Of Bihar
2021 Latest Caselaw 58 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.25291 of 2019
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Bindu Kumar S/o Son Lal Sah Resident of Village- Sirkhandi, P.s.- Sugauli, District- East Champaran

... ... Petitioner/s Versus

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

2. The Director in Chief Health Services, Bihar

3. The Civil Surgeon -cum- Chief Medical Officer, East Champaran, Motihari, Incharge Medical Hospital

4. In-Charge Medical Officer Primary Health Centre, Bankatwa, P.s.-

Bankatwa, District- East Champaran

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

     For the Petitioner/s   :     Mr.Javed Aslam
     For the Respondent/s   :     Mr.Pankaj Kumar ( Sc12 )

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL JUDGMENT Date : 07-01-2021 Re: I.A. No. 01 of 2020

Heard learned counsel for the petitioner and the

respondents on this interlocutory application.

This Interlocutory application has been filed for

quashing the order dated 09.03.2020 passed by the Civil

Surgeon, East Champaran at Motihari submitting that during

pendency of this writ application and COVID-19 pandemic, the

petitioner's suspension has been revoked withholding one

increment with non-cumulative effect in the light of the report

of the Three Men Committee. The order also refers to treat the

petitioner on duty during suspension period and payment of Patna High Court CWJC No.25291 of 2019 dt.07-01-2021

salary as per Rules.

For the averments made in this application, I.A. 01

of 2020 is allowed and the same is to be treated as part of the

main writ application.

C.W.J.C. No. 25291

Heard the parties.

This writ application has been preferred by the

petitioner for seeking the following relief:

AA. Writ in the nature of CERTIORARI or any

other appropriate writ/s, order/s, direction quashing the

following:-

i. The order as cotained in Memo No. 4059 dated

26.10.2019 passed by Civil Surgeon-cum-Chief Medical

Officer, East Champaran, Motihari, the respondent no. 2

intimating the Inchare Medical Officer, Primary Health Centre,

Bankatwa, East Champaran, Motihari intimating him that in the

light of letter referred to after consulting the Government

Pleader in the matter relating to purchase of

medicine/Impleaments, instruments Sub-Incharge for the

financial years 2015-16 and 2016-17 for Primary Health Centre,

Bankatwa in view of the legal advise and enquiry report of

Enquiring Officer the aforeaid officer was permitted to file FIR. Patna High Court CWJC No.25291 of 2019 dt.07-01-2021

ii. The order contained in Memo No. 1013 dated

24.04.2017 issued by Civil Surgeon-cum-Chief Medial Offier,

East Champaran, Motihari, the respondent no. 2 the petitioner

was put under suspension under Rule 9 (1) (A) of the Bihar

Government Servant (Classification and Appeal) Rules, 2008

for not working as per rules in the matter relating to government

work of purchase and that during the period of suspension as per

Rule 10 (1) of the Rules he was entitled to subsistence

allowance and during suspension his headquarter to be Primary

Health Centre, Mehsi.

B.A Writ in the nature of MANDAMUS or other

appropriate writ/s, order/s, direction/s commanding the

Respondents for the following:-

i. To treats the order contained in Annexure-12 and

1 to be nullity and non-existence in the eye of law.

ii. To treat the order of suspension contained in

Annexure-1 to have to come and to an end or in alternative to

revoke the same.

Iii. To direct the respondents to allow the petitioner

to work as clerk at Primary Health Centre, Ghorasahan.

iv. To allow the petitioner to discharge his duties as

a clerk at Primary Health Centre, Ghorasahan. Patna High Court CWJC No.25291 of 2019 dt.07-01-2021

v. To restraints the Respondents from giving effect

to the order contained in Annexure-12 to the petitioner.

vi. To ya the entire amount to the petitioner during

his suspension minus the subsistence allowance.

C. To any other relief/s which the petitioner is

found entitled to.

Learned counsel for the petitioner submits that the

petitioner was initially appointed on 4 th January, 2008 after fully

complying with the procedure meant for appointment and joined

at Primary Health Centre, Ghorasahan and started discharging

his duties with full efficiency and integrity. In due course of

time, the authorities finding his services to be satisfactory

confirmed the same. While the petitioner was working at

Ghorasahan for two year he was deputed to work as clerk at

Bankatwa in the District of East Champaran, Motihari. All of a

sudden by an order contained in Memo no. 1013 dated

24.04.2017 was put under suspension as he had not discharged

his duties as per Rules for purchase work. During period of

suspension his headquarter was made Primiary Health Centre,

Mehsi and he was directed to have his subsistence allowance

under Section 10 (1) of the Rules. He further submits that

respondent no. 3 constituted a Three Member Committee for Patna High Court CWJC No.25291 of 2019 dt.07-01-2021

enquiring into purchase and storage of Primary Health Centre,

Bankatwa with direction to submit the report by 17.01.2017.

The Committee submitted its report on 09.02.2017 finding some

irregularity in issuing purchase orders. He further submits that

on receit of the report, respondent no. 3 on 10.02.2017 directed

the petitioner to file a show cause within three days otherwise

adverse order will be taken. The petitioner submitted his

explanation on 23.02.2017. Thereafter, on 18.05.2017

respondent no. 3 intimated the petitioner about appointment of

one Doctor Sravan Kumar Paswan as the Enquiry Officer and

Sri Rajeev Kumar clerk of the office of Civil surgeon was

authorized to place the records. The letter referred to four

charges. The Enquiry Officer by Memo no. 169 dated

27.06.2018 submitted his report to the Civil Surgeon holding

that after inquiry the complicity of the petitioner was not found

to be there. The Civil Surgeon again did not satisfy with the

second enquiry report and constituted a committee under the

Chairmanship of Assistant Chief Medical Officer, East

Champaran with two more persons to enquire about the

allegation. On 20.04.2019, the Assistant Chief Medical Officer-

cum-Enquiry Officer submitted its report denying the complicity

of the petitioner in the aforesaid case. The petitioner on Patna High Court CWJC No.25291 of 2019 dt.07-01-2021

numerous occasion submitted several applications to revoke the

suspension as the last two enquiry reports did not find the

petitioner to be guilty. Thereafter, a Three Men Committee was

constituted to enquire into the matter and the Committee in its

report also did not find fault on the part of the petitioner.

Learned counsel for the petitioner lastly submits that after

moving from pillar to post when the grievance of the petitioner

was not redressed finding no other way, this writ application has

been filed.

On the other hand, learned counsel for the

respondents submits that during financial year 2015-16 several

irregularities were found in purchase of medicine and medical

items at P.H.C. Bankatawa and defalcation of government fund.

The writ petitioner was put under suspension in this matter of

illegal work. The departmental proceeding against the petitioner

was initiated framing charge in Prapatra 'K'. The petitioner was

asked show cause. The petitioner filed his show cause. On

receipt of the show cause, the matter was again got enquired. In

the light of Second Enquiry Report, the departmental enquiry

was concluded and suspension of the petitioner was revoked

vide order contained in memo no. 962 dated 09.03.2020. The

petitioner has been posted at P.H.C., Narkatiya Bazar, Patna High Court CWJC No.25291 of 2019 dt.07-01-2021

Chhauradano.

Having heard the parties, in my view, as all the

Three Enquiry Committee found absolutely nothing against the

petitioner rather the enquiry revealed non-complicity of the

petitioner. Accordingly, the impugned order, as contained in

Memo no. 4059 dated 26.10.2019 and Memo no. 1013 dated

24.04.2017 are hereby quashed and this writ petition is allowed.

(Anjani Kumar Sharan, J) devendra/-

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Uploading Date          12.01.2021
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