Patna High Court
Dr. Kavindra Prasad Singh @ ... vs The State Of Bihar on 19 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.738 of 2022
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Dr. Kavindra Prasad Singh @ Rabindra Prasad Singh Son of Late Rameshwar
Singh Resident of Sanju Nivas, Ram Jaipal Nagar Colony, Nasriganj, Police
Station-Danapur, District-Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Health
Department, Govt. of Bihar, Patna.
2. The Joint Secretary, Health Department, Govt. of Bihar, Patna.
3. The Under Secretary, Health Department, Govt. of Bihar, Patna.
4. The Regional Additional Director, Health Services, Magadh Division, Gaya.
5. The Civil Surgeon, Kishanganj.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate
Mr. Manik Vedsen, Advocate
Mr. Pawan Kumar, Advocate
For the Respondent/s : Mr. S.D. Yadav, AAG 9
Mr. Prem Ranjan Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 19-05-2022
Heard learned counsel for the respective parties.
2. In the instant petition, petitioner has prayed for the
following relief/reliefs:
i. For quashing the enquiry report contained
in Memo No. 042 dated 25.09.2014 whereby and
where under the Charge No. 1 and 2 have been
proved.
ii. For quashing the Resolution bearing
Memo No. 1102 (9) dated 20.12.2021 issued under
the signature of the Joint Secretary, Health
Department, Bihar, Patna whereby and where
under the petitioner has been visited with the
punishment of compulsory retirement.
Patna High Court CWJC No.738 of 2022 dt.19-05-2022
iii. For direction upon the respondent
authorities to reinstate the petitioner in services
with all consequential monetary benefits and allow
him to attain the age of superannuation i.e. 67
years.
iv. For declaration by the Hon'ble Court
that the proceeding from the stage of enquiry upto
the punishment order is in breach of mandatory
provisions contained in Bihar C.C.A. Rules, 2005.
v. For any othe relief/reliefs to which the petitioner
may be entitled to.
3. The petitioner while working in the Health Department,
he was subjected to disciplinary proceedings pursuant to
preliminary enquiry report dated 25.09.2014 read with
20.12.2021. Based on the preliminary enquiry report, charge
memo was issued on 22.02.2011. Thereafter, show cause notice
was issued on 28.01.2013. The second show cause notice along
with the Enquiring Officer's report was furnished to the petitioner
on 10.08.2016 for which petitioner had submitted reply on
21.02.2017. Thereafter on 20.12.2021, State - respondent imposed
one of the major penalty namely compulsory retirement. Thus,
the petitioner has presented this petition.
4. On 16.05.2022, the following order was passed:
"Heard learned counsel for the respective parties.
State counsel is unable to assist this Court.
Therefore, the second respondent i.e. Joint Secretary,
Health Department, Govt. Of Bihar, Patna is hereby
Patna High Court CWJC No.738 of 2022 dt.19-05-2022
directed to appear in person on the next date of hearing.
He has to apprise this Court as to whether is there any
compliance of sub-rule (4) of Rule 17 of Bihar
Government (Classification, Control and Appeal) Rules,
2005 or not?
Re-list this matter on 19.05.2022."
5. Today Mr. Ram Ishwar, Joint Secretary, Health
Department is present in the Court. With reference to record it is
submitted that there is a non compliance of sub-rule (4) of Rule 17
of Bihar Government (Classification, Control and Appeal) Rules,
2005.
6. In the light of the aforesaid submission, the petitioner has
made out a prima facie case so as to interfere with the penalty of
compulsory retirement. Accordingly, the order of penalty of
compulsory retirement is set aside and matter is remanded to hold
and complete enquiry from the defective stage within a period of
three months from the date of receipt of this order.
7. At this juncture, learned counsel for the petitioner
vehemently contended that in order to deny promotion to the post
of Additional Chief Medical Officer in the month of December,
2021, the respondents have passed the impugned penalty order in
hurriedly manner. He has pointed out that the charge memo was
issued in the year 2011 whereas the penalty order was imposed on
Patna High Court CWJC No.738 of 2022 dt.19-05-2022
20.12.2021. It is submitted that in order to avoid giving promotion
to the petitioner to the post of Additional Chief Medical Officer,
the State respondent have taken a decision on 20.12.2021 to retire
petitioner compulsorily as a major of penalty. In the light of the
aforesaid submission the State respondent is hereby directed to
promote the petitioner to the post of Additional Chief Medical
Officer on ad hoc basis subject to outcome of the disciplinary
proceedings to be continued and concluded by the respondent. For
the reasons that initiation of charge memo is in the year 2011 and
it was concluded only on 20.12.2021, therefore, the state
respondent are hereby directed to take appropriate steps to
promote the petitioner to the post of Additional Chief Medical
Officer on ad hoc basis within a period of one month from the
date of receipt of this order for the reasons that the petitioner is
due for retirement in the normal course in the month of
November, 2022.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date 20.05.2022
Transmission Date
