p ¥3§H CSURT 33F €§§E§§T?§$G§%¥§%: 31Li§$9i3§ Wiii ?$€§iiar: €S? 3‘33. ’32gti 6f 2§Q$ Pgiiiianer Dr. OD Bakhia. aged about 51 vears. $on of Shri Simon Bakhia‘ moharge Black Medica! Cfficer; Community Heait‘n Gama PQ Bagicha‘ Dist Jashpur {Chha‘ttisgar'n}. Versus Resmmants ’Q Staie of Chhattisgar’. Waugh the Secretarv‘ Depar‘kment of Health and Fawily Weifare, DKS. Bhawam Mantrabya Raipur {CG}, l! 2} Director, Health Servlces. Chhamsgarh, Raloui 3) Cchector‘ Jashpurl, District {CG} §§R 4) Chief Medloal and Health Gffisef, Dis? Jashpur (CG). {Wm Petition undei Artlcle 226 of lhs'consiiiutlon of lndia) as: :«Eswbla Mt Satigh K iagaihatn‘i, J. 9re$ani 1a QQI‘maeliQrthe petiiiorler $hrl 8at€sh Gupia. Govt. Advecateforthe Stale. Qml. $REER {Paagad er: 23m Februaryg 2GQ8} The petilor‘er‘ lncharge Block Medlsal Officer, Ccmmunlty Health Centre Baglcha Dlstrlo‘c Jashpur; challenges the validity of the order dated 26—42%? {Annexure Pig), whereby the represer‘ltatisn of ihe petitioner was i‘eiecized, Former. ihe petiiioner seeks ouashmen‘i: oi the order dated 27-4—230? (Annexure PfiO}, whereby Dre RK‘ Rajmam, 'l Director} Heaiih Services; Direoiorate; Raipor; has been appointed ae an Enqoiry Qfficer and Drl V. Jai Prakash, Dy Sireclor. Health Sewicee‘ Directora€e Ralpor, has been aopointeo ae oreseofiing officer. 2i Learned counsel appeariiig for the peti loner eo‘omite that the initiation of ihe enouio' agains’t ihe oeririoner is Uri aocooni oi maiioe exercise of .oower by ’rhe respondent No1 as the petitioner has moved inis Com by filino the peiition being \ iv m l Writ Petition No‘ 3338/2QG4 and this Court granted Iiberty ‘to make a repregematien befare the authcritv cancemed. Learned oaunsei furi‘ner subm§ts that Hbaay {as granfed on 440—2095. Therea$ien tha repregenm‘iion was made 0n 5-12-2085 (Annexure PM). The respondem Na? had diaposed 0f ihe rearasenfamn on 28-4- 2007 (Annexure P/Q) La, afier a periad of more man one year‘ Thee me impugned order is bad, Learned counsei ‘uri’ner submits ihaé whiie deoiomg me reoreeentatbn the coooemed autho:%%y has mot considered ai% 1i. e facts and rejected the reoresentaiiow. 3) Having heard ieamed counsel appearing for tine earies, perueed ’ihe pleadings and documents appended thereto: it appears that the eeiiiioner was issued show cause notice on 843-2003 for having committed negiigenoe in performing his dudes during the period from 297-2003 i0 1—8-2003. in the meantime. the peiitioner was iransr’erred from Community Heaii‘n Centre. Bagicn to Primary Heaith Centre KLisumi, Dist Surguja, The said transfet order was ohaiiended in Writ Petition No 3336LGG’4. This Court disposed of the petition on 4—? 0-20S5 on the ground that the petitioner wanted to withdraw the petition w’th iioei‘tv to iie a representat’ . e the competent authoritv. The Competent Authority was aiso directed to consider and decide the representation: ir‘ any. fiied within a period of four weeks it appears that there was some deiay in consideration and disposai of the representation by the author'ties. However the concerned authorities had expia ned the reason in para “i oi his order dated 26‘4-2QO7 (Annex re Pig) This further apoears that the oetitioner has made an aopiication tor exonerating him from the charges or ouashing the departmentai enquiry in the representation and the same was reieoted. Th stated in the show cause notice dated 8-8-2093 as Wei! as in the order dated 2o- 4-2097 {Annexure P/g) require a detaiied enquiry for which a deoadmen‘zai inouiry has been initiated against the oetitioneri The reasons stated in the impugned order areriust and prooer and do not oaii for an interference. Witt regard to ouashing the order dated 214—2007 (Annexure Pit O) appointing the enquiry officer as weii as the oresenting oftioeri if there is any grievances the-petitioner is a ii’oerty to make an appropriate appiioation before the aoprooriate authority. This Court. at this stage. cannot quash the said order on unsustaina‘oie rounds. (hJrams nL a3 1 4} m View of foregoEng, this petition summariiy‘ is devaid of merét and is dismissei? Consequenily‘ LANOS. 1 and 2 stand d'Isposed of. / // Sdl- gnmotri Sail . 5h Judge K. A