IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11547 of 2009 Vijay Kumar Mishra, son of Late Raj Narayan Mishra, resident of village Dhanav, P.S. Baniyapur, District- Saran …….. Petitioner Versus 1.The State Of Bihar through the Commissioner-cum- Secretary, Department of Health, Government of Bihar, Patna 2.The Director-in-Chief, Health Services, Govt. of Bihar, Patna 3.The Civil Surgeon-cum-Chief Medical Officer, Patna 4.The District Leprosy Eradication Officer, Patna 5.The District Malaria Officer, Patna 6.The Incharge Medical Officer, Primary Health Centre, Fatuha 7.The Circle Officer, Baniyapur, Saran (Chapra) ………… Respondents ----------- 4. 15/11/2010 This is a glaring example how insensitive and inhuman the authorities of the State can be. Petitioner was appointed on compassionate ground in 1994. He continued as such. His appointment was made on an affidavit of the wife of the deceased employee and on a genealogical certificate of the then Circle Officer, Baniyapur, Saran (Chapra). In 2007, respondents received a complaint from some villager that the deceased employee had no son and petitioner was fraudulently appointed showing as son of the deceased. Some enquiries were made on the same and the present Circle Officer issued a certificate against the petitioner on the basis of which petitioner was noticed by the Civil Surgeon-cum-Chief Medical 2 Officer, Patna by letter dated 19.6.2009, as contained in Annexure-10 to show cause and his salary was stopped. The complaint was filed almost thirteen years after and this order was issued almost fifteen years after. Even if the allegation in the complaint requires enquiry of facts, respondents have not cared to issue any notice to the then Circle Officer as to why he had issued a false genealogical certificate in favour of the petitioner. The impugned letter does not show that any action is even contemplated against the then Circle Officer. Petitioner is only sought to be made the victim of contradictory report issued by the present Circle Officer against him. Apparently, this approach of Civil Surgeon-cum-Chief Medical Officer, Patna is unconscionable. In the counter affidavit filed by the respondents, stand is that on the complaint filed by the co-villager, as contained in Annexure-11, action has been taken. However, learned counsel for the respondents does not deny that the then Circle Officer has not been called upon to explain his conduct and no action has been initiated against him for the 3 alleged false certificate issued by him. It is clear that respondents were not entitled to initiate any action against petitioner or stop his salary till the fact of false impersonation as son of the deceased employee was established to the hilt and also till action against the then Circle Officer is initiated and he is punished for issuing alleged false certificate. In the circumstances, the order issued by the respondent Civil Surgeon-cum-Chief Medical Officer, Patna contained in Memo No.3448 dated 19.6.2009, annexed as Annexure-10, is quashed. Respondents are directed to issue orders for release of entire salary of the petitioner due to him within a period of two months from the date of receipt/ production of a copy of this order. In case arrears of salary is not paid to the petitioner and payment of his present salary does not resume, the Civil Surgeon-cum- Chief Medical Officer shall pay interest at the rate of 10% per annum on the arrears of salary of the petitioner from the next date after expiry of two months. Pradeep/ ( J. N. Singh,J.)