PATNA, India, Oct. 28 -- Patna High Court issued the following judgment on Oct. 5:

The present intra-court appeal has been filed by the appellants against the judgment dated 20.12.2021, passed by the learned Single Judge in CWJC No. 12752 of 2021, whereby the order of penalty issued by the Health Department dated 08.06.2021 has been set aside, and the matter was remanded to the disciplinary authority to commence and complete the enquiry from the defective stage.

2. The facts in brief are that the petitioner (respondent herein) was a Medical Officer under the Bihar State Health Service and was posted as Chief Medical Officer (Child Specialist) under SNCU, Sadar Hospital, Katihar. On basis of a complaint, an inquiry committee was constituted by the District Magistrate, Katihar on 01.08.2012. On basis of the report of Inquiry Committee, Health Department, State of Bihar initiated a departmental proceeding against the respondent. On 08.06.2021, an order was passed by the Health Department, State of Bihar, and the petitioner was given the punishment of compulsory retirement at a lower pay scale. The petitioner was due to superannuate on 30.09.2021.

3. The contention of the respondent herein in the Writ Petition was that on the basis of inquiry report, a departmental proceeding was initiated by the Health Department against him, being one of the members of the Purchase Committee. The respondent was called upon by the appellants herein to explain the charges levelled against him on 28.12.2016, but he did not appear. However, he was given another opportunity by the appellants, and subsequently, he appeared on 12.01.2017, and submitted his written response explaining his inability to oppose the charges framed against him and requested the appellants to supply all evidence/documents relied upon by the Conducting Officer to prove the culpability of the respondent. Thereafter, a second show cause was issued to the respondent, in response to which he again raised objections with regard to non-supply of material evidence necessary to refute the allegations of fraud/irregularities in the tender documents, comparative rate list and alleged overwriting or cutting in the bid documents. The competent authority, finding that the respondent had not submitted his response to the second show cause, passed an order of compulsory retirement on a lower-pay scale, which was duly approved by the Bihar Public Service Commission and in the Cabinet Meeting.

4. Being aggrieved with the order of the Departmental Authority dated 05.04.2018 and the order of compulsory retirement dated 08.06.2021, the respondent preferred CWJC No. 12752 of 2021 before the learned Single Judge.

The rest of the document can be viewed at https://patnahighcourt.gov.in/viewjudgment/MyM0ODYjMjAyMiMxI04=-uaX4gMXjPYo=

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