PATNA, India, Sept. 10 -- Patna High Court issued the following judgment on Aug. 13:

On 25.06.2025, we have passed the following order:-

"Learned counsel for the Respondent-State Mr. Anil Kumar Verma seeks time stating that he does not possess Writ petition copy. We have come across in number of L.P.As., where the State counsels are appearing without Writ petition copy. It is deprecated.

2. Copy of this order shall be communicated to the office of the Advocate General, Bihar and the Chief Secretary, Government of Bihar and to streamline litigations of this nature.

3. Prima facie, we found that imposition of penalty of forfeiture of 100% pension would be too harsh in view of the fact that Appellant has rendered service as Medical Officer in the Health Department, Government of Bihar from 29.04.1971 till 16.08.1994. Thereafter, she remained absent on medial ground for about five years. When she has reported back to join M.J.K. Hospital, Bettiah on 08.01.1999, her duty report is stated to have not been accepted. In this regard, State as well as Appellant were making prolonged correspondence till 16.08.2002. For remaining unauthorized absence from 16.08.1994 to 16.08.2002, Appellant has been placed under suspension on 04.02.2003. Thereafter, it was concluded in imposition of penalty of dismissal from service on 01.02.2005 and further proceedings of Appeal and filing of C.W.J.C. No. 6787 of 2008 and it was allowed. Thereafter, fresh order was passed on 05.05.2014.

4. Taking note of the dates and events, it is evident that there are serious lapses on the part of the State in not taking timely action of placing Appellant under suspension in the year 1994 as and when she remained unauthorized absence. On the other hand, they have taken action after about 09 years from the date of remaining absence and so also initiation of departmental inquiry.

5. Be that as it may, having regard to the imposition of penalty read with the service particulars of the Appellant, penalty would be too harsh. In this regard, learned counsel for the State Mr. Anil Kumar Verma is hereby directed to get instruction from the Additional Chief Secretary, Health Department, Government of Bihar, insofar as modification of the penalty with reference to service rendered by the Appellant for about 23 years from 1971 to 1994 (if it is calculated).

6. Re-list this matter on 23.07.2025. It is made clear that no further time would be granted on the next date of hearing."

2. Thereafter, the appointing authority of the petitioner has passed an order on 01.08.2025 insofar as modification of the penalty order to the extent of reducing 50 per cent of the pension.

3. In the light of these facts and circumstances, the present LPA stands disposed of.

Disclaimer: Curated by HT Syndication.