Patna High Court
Dr. Hari Damodar Singh vs The State Of Bihar on 10 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3834 of 2022
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Dr. Hari Damodar Singh Son of Sarvadeo Singh Resident of Deoraj Nursing
Home, Opp.- Head Post Office, Laxmipur, Balbhadarpur, P.S.- Katihar
(Sahayak), District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary-cum- Principal
Secretary, Health Department, Government of Bihar, Patna.
2. The Additional Chief Secretary-cum- Principal Secretary, Health
Department, Government of Bihar, Patna.
3. The Special Executive Officer, Health Department, Government of Bihar,
Patna.
4. The Additional Secretary to Government, Health Department, Government
of Bihar
5. The District Magistrate, Darbhanga
6. The Additional Collector-cum- District Public Grievance Redressal Officer,
Darbhanga
7. The Superintendent, Darbhanga Medical College and Hospital, Darbhanga.
8. The Additional Chief Medical Officer, Darbhanga
9. The Sub- Divisional Officer, Sadar, Darbhanga
10. The Sub- Divisional Police Officer, Sadar, Darbhanga.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Suryakant Kumar
For the Respondent/s : Mr. Nagendra Pd. Yadav, SC-23
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 10-05-2022
Heard learned counsel for the respective parties.
Patna High Court CWJC No.3834 of 2022 dt.10-05-2022
In the instant petition, petitioner has prayed for the
following relief/reliefs:
"(i) for quashing Notification
contained in Sn. Sn.-17 / Aarop - 16 / 2020 -
1213 (17) dated 21.12.2020 issued under the
signature of Additional Secretary to
Government, Health Department,
Government of Bihar whereby punishment of
withholding of one increment without
cumulative effect has been awarded to the
petitioner without initiating any
departmental proceeding, as per the Bihar
Government Servants (Classification,
Control and Appeal) Rules, 2005.
(ii) for quashing Notification
contained in Sn. Sn.-17 / Aarop - 15 / 2020 -
449 (17) dated 31.05.2021 issued under the
signature of Special Executive Officer,
Health Department, Government of Bihar
whereby the punishment of withholding of
one increment, without cumulative effect has
been held to continue as earlier.
(iii) for payment of consequential
monetary benefits arising due to quashing of
the aforementioned impugned Notifications
with interest.
(iv) for any other relief / reliefs for
which the petitioner is found entitled in the
facts and circumstances of the case."
Patna High Court CWJC No.3834 of 2022 dt.10-05-2022
Pursuant to the order dated 19.04.2022, respondent
no.4-Additional Secretary to Government of Bihar, Mr. Kaushal
Kishore, is present in the Court. This Court posed a question as
to is there any application of mind in respect of examining the
petitioner's explanation to the second show-cause notice or not?
He made a statement that petitioner's explanation has been
taken note of and the same is reflected in the office note sheet.
Even though, there is application of mind by the disciplinary
authority while passing order, however, petitioner has not been
made known the application of mind of the disciplinary
authority for the reasons that impugned order must reflect the
application of mind by the disciplinary authority in considering
each of the contention raised by the petitioner against second
show-cause notice i.e., reply to the second show-cause notice
read with Inquiry Officer's report. On this short ground, the
impugned orders dated 21.12.2020 and 31.05.2021 (Annexure-1
series) stands set aside.
The disciplinary authority is hereby directed to pass
a fresh speaking order after due consideration of each of the
contention raised by the petitioner in his explanation to the
second show-cause notice. The above exercise shall be
completed within a period of one month from the date of receipt
Patna High Court CWJC No.3834 of 2022 dt.10-05-2022
of this order and the same shall be communicated to the
petitioner.
With the above observation, the present writ
petition stands allowed.
(P. B. Bajanthri, J)
Ankit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 13.05.2022
Transmission Date NA
