IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12683 of 1993 DR.(MRS.)MRIDULA VERMA, W/O SHRI ASHOK KUMAR TUTOR, PATNA DENTAL COLLEGE AGAM KUAN, P.S.- AGAMKUAN, DISTRICT-PATNA. ……………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER OF HEALTH, NEW SECRETARIAT BUILDING, PATNA. 2. THE SECRETARY TO GOVT. CUM-COMMISSIONER OF HEALTH DEPARTMENT OF HEALTH MEDICAL EDUCATION AND FAMILY WELFARE, NEW SECRETARIAT BUILDING, PATNA. 3. THE ADDITIONAL SECRETARY TO THE GOVT. IN THE DEPARTMENT OF HEALTH, MEDICAL EDUCATION, NEW SECRETARIAT AND FAMILY WELFARE, GOVT. OF BIHAR, NEW SECRETARIAT BUILDING, PATNA. 4. THE DIRECTOR IN CHIEF, HEALTH SERVICES IN THE DEPARTMENT OF HEALTH MEDICAL EDUCATION AND FAMILY WELFARE, GOVT. OF BIHAR, NEW SECRETARIAT BUILDING, PATNA. …………RESPONDENTS. ----------- For the Petitioner : M/S Chandra Shekhar, Dr.A.K. Upadhyay, L.B. Singh, Nikunj Shekhar, Advocates. For the State : Mr. Anil Kumar Verma, AC to SC-III. ------------ 14 13.04.2010 Petitioner has filed this writ application for quashing of an order of the Department dated 16.9.1993 passed by the Health, Medical Education & Family Welfare Department (annexed with its forwarding letter as Annexure- 1 and 2) initiating a departmental proceeding against her. From the writ application it appears that on number of dates in 1995 learned counsel for the State was directed to produce a copy of 2 the enquiry report submitted by the enquiry officer in the case. Learned counsel for the State failed to do that and, therefore, by order dated 19.9.1995, the Additional Secretary (respondent no. 3) was directed to be present in Court with a copy of the enquiry report and other relevant materials so that the writ application may be disposed of on the next date. It appears that the Additional Secretary appeared on 29.6.1995 and this Court directed the enquiry report to be placed on record and a copy of the same to be served on learned counsel for the petitioner. By subsequent order dated 4.7.1995 the writ application was admitted for hearing. An application was filed by the petitioner for restraining the respondents from passing any order in the departmental proceeding against the petitioner. The said application was taken up by this Court on 1.8.1995 and was disposed of with observation that any order passed in the departmental proceeding against the petitioner shall be subject to result of this case. An application vide I.A. No. 8709/98 was again filed by the petitioner for restraining the respondents from passing any 3 final order. The same was disposed of by order dated 3.9.1998 by restraining the respondents from passing any final order on the second show cause notice vide letter no. 719 dated 15.7.1998. Thereafter the case was taken up on 8.8.2008 when no one appeared for the petitioner. Again on 8.4.2010 no one appeared for the petitioner. Today learned senior counsel for the petitioner submits that initially the respondents had proposed some punishments to the petitioner and had referred the matter to the Bihar Public Service Commission (BPSC for short). The BPSC differed with the proposed punishment and recommended for termination of her services. Therefore, a new second show cause notice was issued to the petitioner to show cause as to why her services be not terminated. He submits that without receiving the reply of the petitioner to the second show cause notice and without considering the same, the matter could not be referred to the BPSC. The reference of the matter to the BPSC before receiving the reply of the petitioner shows the prejudice in the minds of the concerned respondents against 4 the petitioner. Be that as it may, from the order-sheet it is apparent that the enquiry report was served on learned counsel for the petitioner under the orders of this Court. Learned counsel for the petitioner admits that the petitioner has still not filed any reply before the disciplinary authority dealing with the findings of the enquiry report. Thus, he has not complied with the second show cause notice. The proceeding stands still due to interim order of this Court dated 3.9.1998. Petitioner is also sitting tight over the matter and has not filed his reply to the second show cause after receipt of the enquiry report to her learned counsel under the orders of this Court. Therefore, this Court is not inclined to go into the merits of the case at this stage. Learned senior counsel for the petitioner submits that during the pendency of this writ application, the petitioner has been granted promotions. Therefore, at this belated stage it may not be appropriate for the respondents to reopen the matter and pass final orders in the departmental proceeding. This 5 Court is not inclined to accept the said submission of learned senior counsel for the petitioner. The departmental proceeding remained pending on account of stay order passed by this Court on an application of the petitioner. Therefore, the petitioner can not derive any advantage of that. In the circumstances, the writ application is disposed of. Petitioner is given liberty to file his reply in the second show cause notice within a period of one month from today spelling out her defence and dealing with the findings of the enquiry officer. After receipt of the reply from the petitioner, the respondents shall proceed in the departmental proceeding in accordance with law. While considering the show cause reply of the petitioner, the respondents shall not be prejudiced by the earlier recommendation by the BPSC for passing an order of termination of the services of the petitioner. The consideration will be with open mind and objectively and in accordance with law. While passing final orders it will be open to the respondents to take into account the intervening circumstances for which 6 this Court does not express any opinion. Whether the petitioner file reply to the second show cause notice within one month or not, the respondents shall conclude the proceeding and pass final orders on merits in accordance with law, positively within three months thereafter. The writ application is disposed of with the aforesaid observations and directions. Arvind/ (J. N. Singh, J.)