RANCHI, India, Aug. 13 -- Jharkhand High Court issued the following order on July 14:

1. In the instant writ application, the petitioner prays for the following reliefs:-

(i) For issuance of an appropriate writ(s)/order(s)/or direction(s) particularly a writ in the nature of Certiorari for quashing of punishment order dated 29.9.2011 as contained in Annexure (11) to this writ application, issued under the signature of Respondent no. 3 by which the petitioner has been awarded major punishment that he will not be fit to be posted on any important post, stoppage of three increment with cumulative effect and nothing will be paid during suspension period except the subsistence allowances.

(ii) For issuance of an appropriate writ(s)/order(s)and/or direction(s) particularly a writ in the nature of Mandamus commanding upon the respondents to post the petitioner as per his status that is Deputy Director to which he has been posted vide order dated 30.1.2009 but after passing of the impugned punishment order, he has been posted as Deputy Superintendent which is much lower post than that of Deputy Director which amounts to double jeopardy.

2. The brief facts of the case as per the pleadings are that the petitioner was posted as Deputy Superintendent, Sadar Hospital, Gumla. On 28.11.2008, while he was posted as Civil Surgeon (Sadar Hospital)-cumChief Medical Officer, Seraikela, a show cause was issued for irregularities and thereafter, petitioner was posted as Deputy Director, Health vide order dated 30.01.2009.

3. On 13.08.2009, petitioner was suspended in contemplation of a departmental proceeding and thereafter, petitioner was served with the memo of charge dated 04.11.2009 and the petitioner was asked to file his reply within 15 days. Petitioner denied the charges; thereafter the enquiry report dated 22.11.2010 was submitted wherein few charges were proved and one charge was not proved. Subsequently, second show cause was issued on 02.08.2011 accompanied with enquiry report regarding proposed punishment and thereafter, petitioner filed detailed reply on 20.8.2011 denying all the charges levelled against the petitioner and thereafter, impugned order was passed. Thereafter the petitioner made representation for consideration of the matter and to exonerate him from the punishment on 23.08.2012, but all in vain. Hence, this Writ application.

4. It has been strenuously contended by learned Counsel for the petitioner that the enquiry officer and the disciplinary authority are one and the same person and as such the principle of natural justice has been violated and it is a clear case of bias.

5. He further argued on merits of the case and submitted that the impugned order is perverse and the punishment is without any evidence. All the charges are baseless as the entire purchase of the materials in question has been made from an authorized distributor namely EMKAY PHARMA keeping in mind the quality and the comparative rate and requirement of the cloths for the hospital and as such no irregularity/ illegality has been committed.

He further submitted that Dr. Maheshwar Prasad who was in-charge of the District Reproductive Child Health Centre has categorically admitted his mistake with regard to non-furnishing of specification and make of the equipment and by mistake the same was countersigned by him. He further relied upon letter of Government of Jharkhand dated 23.08.2008 and submitted that the purchase of the material in question, has been done hastily as there was constant pressure by the superior authority which is evident from the letter dated 11.04.2008. Relying upon the aforesaid argument, he contended that impugned order is not sustainable and it may be set aside.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=LfKgAEL6K8Sqqfv6TysK%2BDtXGLChJBpg2p6BYCStH3EfH6c4TIv6CESG2y5t0gt%2F&caseno=WPC/5704/2012&cCode=1&cino=JHHC010156632012&state_code=7&appFlag=)

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