IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.5348 OF 1999 BIRENDRA KUMAR MISHRA, S/O LATE RAJ BALLABHA MISHRA, R/O VILLAGE BANNI, P.O. NAGRA, DISTRICT SARAN AT PRESENT WORKING AS A CLERK, REFERRAL HOSPITAL, BANIYAPUR, DISTRICT SARAN. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE COMMISSIONER CUM SECRETARY, HEALTH SERVICES, GOVT. OF BIHAR, NEW SECRETARIATE BUILDING, PATNA. 3.THE DEPUTY SECRETARY, HEALTH SERVICES, HEALTH SERVICES, GOVT. OF BIHAR, NEW SECRETARIATE BUILDING, PATNA. 4.THE DIRECTOR IN CHIEF, HEALTH SERVICES, GOVT. OF BIHAR, NEW SECRETARIATE BUILDING, PATNA. 5.REGIONAL DEPUTY DIRECTOR, HEALTH SERVICES SARAN DIVISION, CHAPRA SARAN. 6.THE CIVIL SURGEON, CHAPRA, DISTRICT SARAN. 7.THE MEDICAL OFFICER INCHARGE, REFERRAL HOSPITAL, BANIYAPUR,CHAPRA, DISTRICT SARAN. ………………………RESPONDENTS. ----------- 04/ 05.08.2011 No one appears for the petitioner. Earlier also when this case was listed on 26.07.2011, no one had appeared on behalf of the petitioner to press this application even on that day. From perusal of the record it would appear that the petitioner was subjected to a departmental proceeding and was punished by way of censure and stoppage of one increment as also the recovery of the loss of Rs. 3251/- caused to the Government. 2 From the counter affidavit that has been filed by the respondents, it becomes clear that not only memo of charge was served on the petitioner but he was also given reasonable opportunity to defend himself in course of departmental proceeding. From the reading of the writ application, it does not transpire that any procedural infirmity has crept in course of departmental proceeding. The whole emphasis of the petitioner in this writ application is on the merit of the charge. Such aspect, however, cannot be gone into under the writ jurisdiction, inasmuch as, the charge against the petitioner having been found to be proved, the sufficiency of evidence cannot be gone into under Article 226 of the constitution of India. That being so, this Court does not find any error in the impugned order of punishment which to say the least is quite lenient taking into account that the petitioner was found to be guilty of misappropriation/embezzlement of Government fund. For such misappropriation/ embezzlement of Government fund the Doctors 3 and other employees of the Health Department found to be involved in this MSD Scam have not only been dismissed from service but also has been subjected to criminal prosecution. That being so, this Court does not find any error in the impugned order and in the result the application is devoid of any merit and is, accordingly, dismissed. Ranjan (Mihir Kumar Jha, J.)