IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.11751 OF 2007 IMADUDDIN HAIDER, S/O NASEERUDDIN HAIDER, R/O RAHAMGANJ, P.O DARBHANGA, P.S DARBHANGA, , DISTRICT DARBHANGA, PRESENTLY RESIDING AT VILLAGE BARHARIA, P.S BARHARIA, DISTRICT SIWAN. …………………PETITIONER. VERSUS 1.THE STATE OF BIHAR. 2.THE SECRETARY, DEPARTMENT OF HEALTH EDUCATION & FAMILY WELFARE, PATNA. 3.THE REGIONAL DEPUTY DIRECTOR, HEALTH SERVICE SARAN, DIVISION CHAPRA. 4.THE CHIEF DIRECTOR, HEALTH SERVICE, BIHAR, PATNA. 5.THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, GOPALGANJ. 6.THE MEDICAL OFFICER, MANJHA, GOPALGANJ. ………………………RESPONDENTS. ----------- 02/ 03.11.2011 Heard counsel for the parties. The grievance of the petitioner in this writ application as highlighted is only for acceptance of the his joining by taking him back in service from 05.01.2006, but then his concealed prayer appears to be that the respondents should infact regularize the period of his unauthorised absence from duty for a period over ten years i.e. from 6.7.2001 and till date. Learned counsel for the petitioner in this regard has explained that the petitioner in July 2001 had to proceed on leave on account of his own illness and 2 that of his wife in the month but as the condition of the health of his wife had further deteriorated, he could not report on duty after expiry of the sanctioned leave. He has also placed on reliance on a letter of the Civil Surgeon, Gopalganj addressed to the Principal Secretary of health dated 18.01.2006, wherein, certain recommendations were made by him for acceptance of his joining as also posting of the petitioner in Gopalganj district. Learned counsel for the State in the absence of any instruction has nothing more to add in her statement and has only prayed for time to file the counter affidavit. Such prayer however must be rejected because this writ application was filed on 10.09.2007 and it cannot be kept pending awaiting filing of the counter affidavit. In the considered opinion of this Court there are two important aspects which would go to root of the matter. Firstly the petitioner had proceeded on leave which was allegedly sanctioned for a short span but then he had over stayed and therefore, was unauthorizedly absent from duty. For such 3 misconduct the petitioner had rendered himself liable for being proceeded departmentally and therefore, mere reporting back of the petitioner to a place of his last posting prior to his going on leave by itself could not have led to acceptance of his joining and to that extent this Court must disapprove the manner in which the Civil Surgeon, Gopalganj has espoused the case of the petitioner by writing a letter on 18.1.2006 to Principal Secretary of Health Department. Once the Civil Surgeon of Gopalganj district had found that the petitioner that the petitioner had stood transferred by Government notification no. 2341 dated 29.11.2003, whereafter he had also been relieved from Gopalganj district, he had no business to make any recommendation much less seeking the posting of the petitioner back in his own district. No writ of mandamus can be issued by this Court on the basis of such self serving and self obtained letter of the petitioner. Another aspect would be that even if 4 the petitioner having remained absent from duty for nearly five years had reported back on duty in Gopalganj district though he had stood transferred to West Champaran district, a final decision as with regard to his acceptance of his joining ought to have been taken by the competent authority. The Principal Secretary of the health department infact ought to have taken any decision either for accepting or rejecting the claim of the petitioner instead of keeping the matter pending for more than five years specially when the petitioner is also said to have sent a representation on 5.2.2007 by registered post (no. 4768) copy whereof has been enclosed as Annexure-3 to this writ petition. In that view of the matter, this Court would give liberty to the petitioner to file his fresh self contained representation before the Principal Secretary, Health Department who after examining all the relevant aspects would take his final decision as with regard to acceptance of joining and continuance of the petitioner in government service and 5 treating the period of his unauthorised absence from 6.7.2001. It also goes without saying that it would be open to the Principal Secretary to take any appropriate decision as with regard to the period of unauthorized absence of the petitioner in accordance with law. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)