IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14033 of 2009 1. DEVENDRA PRASAD S/O LATE JAI KISHUN LAL VILL.- LAKHI BAGH, BUNIYAD GANJ, P.S. MUFASSIL, DISTT.- GAYA Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER-CUM-SECRETARY HEALTH SERVICES, GOVT. OF BIHAR, PATNA 3. THE DIRECTOR HEALTH SERVICES, GOVT. OF BIHAR 4. THE REGIONAL DY. DIRECTOR HEALTH SERVICE, MAGADH RANGE, GAYA 5. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER GAYA 6. THE DISTRICT ANTI LEPROSY OFFICER GAYA ----------- For the petitioner:- Mr. Durgesh Nandan, Advocate For the State:- SC IV 3 4.2.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner who was appointed as Medical Assistant and posted at Bodh Gaya by virtue of Office Order no. 374 (4) dated 5.2.1972 has now superannuated from the post of Medical Social Worker on 30.6.2008. His grievance is that he has not been paid his salary since November, 2002 to 30.6.2008 at the instance of District Anti Leprosy Officer, Gaya- Respondent no.6. The harassment of the petitioner at the instance of respondent no.6 started when he was transferred from Gaya to Siwan as District Leprosy Eradication Officer, Siwan vide letter no. 1196 (II) dated 30.12.2002. In response to the transfer order the petitioner was relived for giving joining to his transferred place by Incharge District Leprosy 2 Eradication Officer on 30.12.2002. In the relieving order the date of relieving was wrongly mentioned as 13.1.2002 instead of 2003, due to which, the joining of the petitioner at his transferred place was not accepted. Petitioner thereafter represented before the District Leprosy Eradication Officer, Gaya and requested to make correction in the relieving order and also to pay his dues salary. The representation of the petitioner dated 4.3.2003 was not considered. Since then, on several occasions, he approached the concerned Officers for redressal of his grievance but neither the correction was made in the relieving order nor his joining was accepted at Siwan. He was no- where, but waited for joining. In the meantime, he was put under suspension vide order dated 11.9.2007, for the reason that he has not honoured the transfer order and joined at the transferred place. During the suspension period, he was not paid his subsistence allowance, even the departmental proceeding did not proceed and finally he superannuated from service on 30.6.2008 while still under suspension. Petitioner after his superannuation, when approached the authorities for making payment of salary, subsistence allowance as well as for fixation of his pension and 3 payment of pensionary benefits the respondent took a plea that until and unless the departmental proceeding is finalized he will not get anything. A counter affidavit has been filed on behalf of respondent no.6, in which there is complete denial that petitioner ever represented before him for making correction in the relieving order. It has been stated in the counter affidavit that petitioner deliberately did not join at the transferred place. He disobeyed the commands of the Superior Officer and for this reason, he was put under suspension and a departmental proceeding was initiated against him. In paragraph 13, there is a specific statement that petitioner had never approached the District Leprosy Officer, Gaya or he submitted his representation for correction in the relieving order. In para 15, it is stated that Inquiring Officer completed the inquiry in the departmental proceeding. The Inquiring Officer has found the petitioner guilty of the charge. Finally in para 19, it is stated that the case of the petitioner is pending before the Directorate of Health Department. Inquiry report has been submitted and on the basis of the inquiry report a punishment will be imposed on the petitioner. Counsel for the petitioner was directed to file supplementary affidavit in order to bring any 4 document in support of his statement that on 4.3.2003 for the first time he had represented for making correction in the relieving order and thereafter also he approached on several occasions to the respondents for this purpose. Petitioner has brought on record letter No.144 dated 7.4.2009 written by the Regional Deputy Director, Health Service, Magadh Range, Gaya to the Deputy Secretary working in the office of the Lokayukata, Bihar, in response to the query made from the office of the Lokayukta. In this letter, it is stated that the petitioner had represented his case for correction on 4.3.2003. It has also been stated that the allegations which have been made against the petitioner relating to non joining at the transferred place and putting obstacles in the programmes of Polio Eradication Project, are incorrect. It has also been stated that the entire show against the petitioner has been managed by Raghuraj Sharma, the Director Leprosy Eradication Officer, Gaya respondent no.6. Through this letter, the Regional Deputy Director, Health Service, Magadh Ranage, Gaya has also recommended and requested, for initiating a departmental proceeding against respondent no.6 for putting him under suspension and for instituting First 5 Information Report against him, for defalcation of Government money. On perusal of Annexure-13, I find that the statement made in the counter affidavit by respondent no.6 is completely false and totally against the records. Petitioner is a victim of arbitrariness of respondent no.6. He has suffered, non payment of salary, non payment of subsistence allowance and also superannuated from service while still under suspension. The departmental proceeding remained unconcluded till the date petitioner superannuated, as such now there is no valid reason for imposing any punishment, specially, in the light of Annexure-13, a letter issued by the Superior authority. It is apparent from this letter that even the charges framed against the petitioner were baseless and unfounded. Considering all these things, a direction is being issued to the Director Health Services, Government of Bihar Patna and the Regional Deputy Director, Magadh Range, Gaya to make payment of petitioner’s salary which is due since November, 2002 till the date of his superannuation on 30.6.2008. The payment of arrears of salary must be made within six weeks from the date of production/communication of 6 this order. The respondents are further directed for taking steps for fixation of petitioner’s pension, payment of arrears of pension, monthly pension on monthly basis as well as payment of pensionary benefits. The respondent nos. 3 and 4 are further directed to take steps for initiation of departmental proceeding against respondent no.6 as per recommendation of respondent no.4. The writ application stands allowed. (Mridula Mishra,J.) A.Kumar