IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10512 of 2003 T.N. Chaturvedi, son of late Deep Narain Chaturvedi, resident of Village Tandwan, post office Kerakat, District Jaunpur (UP) at present Mohalla Magistrate Colony, Police Station Shashtrinagar, District Patna. --------- Petitioner Versus 1. The State of Bihar through the Secretary, Department of Health and Family Welfare, Govt. of Bihar, Patna. 2. The Director-in-Chief, Health Services, Bihar, New Secretariat, Patna. 3. The Civil Surgeon-cum-Chief Medical Officer, Saran Chapra. --------- Respondents ----------- 3 17.09.2010 Having heard learned counsel for the petitioner as also taking into account the following order of this Court passed on 12.3.2004:- “Learned counsel for the petitioner submits that in an unfortunate road accident the petitioner has died. He prays for and is granted six weeks, time to seek further instruction in the matter. Put up thereafter.” and the fact that no substitution petition has been filed, this Court must hold that this writ application for the following relief:- “1(I) For quashing of the entire departmental proceeding initiated against the petitioner on the 2 alleged charge of unauthorized absence from duty from 05.01.1991 to 10.08.1994 whereas the Govt. itself has made payment of entire arrears of salary including the period under question (05.01.1991 to 10.08.1994). (II) For quashing of the enquiry report submitted by the Enquiry Officer against the petitioner as being illegal, ab initio void in as much as the petitioner was at not point of time served with the chargesheet, any intimation of holding of enquiry ever given and not given an opportunity to defend himself in observance of the principle of natural justice. (III) For holding that the petitioner could not have been subjected to a departmental enquiry for the alleged charge of absence from duty for the period from 05.01.1991 to 10.08.1994 in as much as the petitioner had submitted his joining immediately after its transfer vide Govt. Notification dated 30.06.1990/17.07.1990 and also on 03.08.1992 and that after the petitioner had moved this Hon’ble Court the Govt. had made payment of the salary to the petitioner from the entire period from 05.01.1991 to 10.08.1994 in the month of March’ 1998 approved by the Department of finance, Govt. 3 of Bihar and accordingly the Govt., having paid salary for the period in question i.e. from 05.01.1991 to 10.08.1994 has regularized the service for the period and it will be deemed to be a duty period, therefore the petitioner can not be subjected to a departmental enquiry for the alleged absence for the same period. (IV) For holding that as the petitioner was never served with any notice of holding of departmental enquiry, never served with any chargesheet for which a departmental proceeding was initiated against him not given any opportunity to defend himself as a result of which he could not participate in the enquiry to make an effective defence in the same, the entire departmental proceeding against him is illegal. (V) For commanding the respondents to drop the departmental proceeding against the petitioner, exonerate him of the charge and allow him to discharge duties without any hindrance. (VI) For restraining the respondents from inflicting any punishment to the petitioner on the basis of ex-parte and illegal enquiry report against him.” has now stood abated. 4 Let the records of this case be accordingly cosigned. Rsh (Mihir Kumar Jha, J.)