Patna High Court LPA No.1052 of 2007 (4) dt.14-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1052 of 2007 In Civil Writ Jurisdiction Case No. 16153 of 2006 =================================================== Dr. Jamindar Prasad Ranjan, son of Sri Ram Padarath Baitha, resident of Village, P.O. and P.S. Desari, District-Vaishali, Presently Deputy Superintendent , Sadar Hospital, Mzaffarpur .... Appellant Versus 1. The State Of Bihar through the Commissioner and Secretary, Health Education and Family Welfare Department, Vikas Bhawan, Patna 2. The Commissioner and Secretary, Health Education and Family Welfare Department, Vikas Bhawan, Patna 3. The Director, Health Services, Bihar, Vikas Bhawan, Patna 4. The Deputy Secretary to Government, Health Education and Family Welfare Department, Vikas Bhawan, Patna .... .... Respondents =================================================== 4 14-09-2011 The present appeal has been filed against the order dated 14.11.2007 passed in C.W.J.C. No.16153 of 2006 wherein the learned Single Judge has upheld the order of punishment imposed on the appellant herein of withholding two increments and nothing to be paid except subsistence allowance for the period of suspension for the charges framed against him on the allegation that the suicide committed by a patient was not properly attended to. The learned senior Counsel appearing on behalf of the appellant has tried to convince this court to the fact that the appellant was not responsible for the suicide committed by Patna High Court LPA No.1052 of 2007 (4) dt.14-09-2011 the patient as the enquiry report reveals that it is not proved that the patient committed suicide after administrating medicines by the appellant-doctor. However, we are not satisfied with the contention that the government has acted improperly. It is also further contended that from the enquiry report, it reveals that the charges were not proved against the appellant. But however, the perusal of the enquiry report reveals that there was some negligence on the part of the appellant herein and therefore the state has taken decision to withhold two increments. Under the above circumstances, we are not inclined to interfere with the order passed by the learned Single Judge. Another submission made before us is with regard to payment of subsistence allowance. It was contended by learned Senior Counsel that a separate order has tobe drawn up under Rule 97 of the Bihar Service Code. In this case, as no such order has been passed, hence, it tantamounts to be an illegal order. Even assuming that there is no separate order was drawn up under Rule 97 of the Bihar Service Code, it could be termed as an irregular order Patna High Court LPA No.1052 of 2007 (4) dt.14-09-2011 and not an illegal order. It would not enure to the benefit of the appellant Under the above circumstances, we do not find any reason to interfere with the order passed by the learned Single Judge. Accordingly, the appeal stands dismissed. ASHWINI/- (T. Meena Kumari, J.) (Vikash Jain, J.)