IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9614 of 2005 MOSTT. MALA DAS, WIFE OF LATE DR. GIRJA SHANKAR DAS, RESIDENT OF GOODA, P.S. GODDA, DISTRICT GODDA. ---------------------------------------------------------------------------------------------------- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER-CUM-SECRETARY, DEPARTMENT OF HEALTH, EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE DEPUTY SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 4. THE UNDER SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HEALTH EDUCATION AND FAMILY WELFARE, NEW SECRETARIAT, PATNA. ------------------------------------------------------------------------------------------------ RESPONDENTS For the petitioner :- Mr. Ashok Kumar Choudhary, Advocate Mr. Ram Shankar Das, Advocate Anil Kumar Tiwary, Advocate For the State :- Mr. Shankar Kumar, A.C. to A.A.G. 15 ******* 11 2.2.2011 Learned counsel for the petitioner is aggrieved by Annexure-22 which is an order issued by the Joint Secretary of the Health Department dated 16.4.2005, vide memo no. 513(9). During the pendency of the writ application the petitioner has died and he has been substituted by his wife. The writ application was filed making a grievance that the petitioner (Dr. Girja Shankar Das) had asked for certain documents vide Annexure-8 dated 2.8.2000. The enquiry was held and by a detailed order the petitioner was found partly guilty of certain charges as would be apparent 2 from the enquiry report contained in Annexure- 19. It has been submitted that the petitioner was not given proper opportunity to be heard in this matter inasmuch as he was not allowed the opportunity to examine the indent orders by which orders had been placed before the M.S.D., Kolkata. Apart from which there are certain allegations against the petitioner that he has paid the salary to persons beyond the amount which was released under this head. Mr. Ashok Kumar Choudhary, learned counsel for the petitioner submits that although a second show cause notice was issued to him, the explanation given by Dr. Girja Shankar Das has not been referred to and the punishment awarded to the petitioner is excess of the charges, since charges were not fully proved. The petitioner also relies on an order passed by this Court in the case of Dr. Ramavtar Prasad Vs. The State of Bihar & Ors. reported in 2008 (4) PLJR 21. It is submitted that in the case aforesaid, reasonable opportunity was not accorded to the incumbent as a result of which the Court held that although the quantum of punishment was beyond 3 the seriousness of the charges, the petitioner would not be entitled to all the retiral benefits. In any view of the matter, the Joint Secretary, Health Department is directed to go through the enquiry report and give reasons for differing from the enquiry report. In case it is found that the quantum of punishment is beyond the charges, the Joint Secretary, Health Department would be at liberty to pass an order accordingly after following the due process of law. The petitioner would be at liberty to bring this order to the notice of the Joint Secretary, Health Department within a period of eight weeks on receipt of the order along with representation raising the questions raised before this Court. The Joint Secretary, Health Department should pass an appropriate order within a period of four months after receipt of a copy of this order. This writ application is disposed of with the aforesaid directions. Sanjay ( Sheema Ali Khan, J.)