RANCHI, India, Aug. 12 -- Jharkhand High Court issued the following order on July 14:

The instant writ application has been preferred by the petitioner for the following reliefs:

"(i) For issuance of appropriate Writ(s)/ Order(s)/Direction(s) for quashing up of the memo of charge framed against the present petitioner vide letter dated 11.9.18 (Annexure-4) issued by Deputy Secretary, Health, Medical Education And Family Welfare Department, Government of Jharkhand, Ranchi;

(ii) For issuance of appropriate Writ(s)/ Order(s)/Direction(s) for quashing up of the letter No.303(18) dated 02-05-2019 (Annexure-5) issued by the Under Secretary to the Government of Jharkhand, Health, Medical Education And Family Welfare Department, by which the order of punishment has been passed against the petitioner stopping two annual increment with non cumulative effect;

(iii) For issuance of appropriate writ(s)/ order(s)/direction(s) upon the Respondent No.6 to bring on record the order passed by National Human Rights Commission in Case No.89/ 34 /16/2016(M2);

(iv) For issuance of appropriate Writ(s)/ Order(s)/Direction(s) for quashing up of the order dated 9.10.2019 (Annexure-7) by which the order of recovery has been passed by the present petitioner;

(v) For issuance of appropriate Writ(s)/ Order(s)/Direction(s) for quashing of Letter No.853(18), dated 6.12.19 (Annexure-8) issued by the Under Secretary to the Government of Jharkhand by which the Civil Surgeon, Ranchi has been directed to recover Rs.1,00,000/= from the present petitioner as compensation; And

(vi) During the pendency of this writ petition, operation of impugned orders dated 2.5.19 (Annexure-5), 9.10.19 (Annexure-7) and order dated 6.12.19 (Annexure-8) may be ordered to be stayed. And/or

(vii) Such other appropriate writ/writs be issued, order/orders be passed, direction/directions be made as to this Hon'ble Court may deem fit and proper for doing conscionable justice to the petitioner.

(vii) For issuance of appropriate Writ(s)/Order(s), Direction(s) for refund of the recovered amount to the petitioner."

2. The brief facts of the case as per the pleadings are that the petitioner has been working as a Medical Officer, Referral Hospital, Mandar, Ranchi since 04.11.2013. On 29.12.2015, an unfortunate incident occurred when after completion of her duty; the petitioner left at 9:30 am, after petitioner left, a dead child was brought to the hospital by 10-20 people who started creating ruckus. Consequently, the In-charge Medical Officer conducted a preliminary inquiry and submitted his report vide letter dated 09.01.2016, stating that the child was brought dead to the hospital and was earlier taken to a private hospital, where he had been declared dead.

Subsequently, the ACMO submitted a letter dated 06.06.2016 to the Civil Surgeon-cum-Chief Medical Officer, Ranchi, wherein it was mentioned that Dr. Indu Shekhar, who was to join the duty after the petitioner did not attend duty and the petitioner left after completing her duty hours.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1d4vGU40uzDjKAsBjAQ0EK7SrvzUEK5PONnh988xy4xD7&caseno=WPC/1556/2020&cCode=1&cino=JHHC010113112020&state_code=7&appFlag=)

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