IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9644 of 2008 Dr.Sudhanshu Kumar, son of Sri Badri Nath Mandal, at present posted at Sadar Hospital, Khagaria. …………….. Petitioner Versus 1.The State Of Bihar through the Under Secretary, Department of Health, Govt. of Bihar, Patna 2.The Commissioner-cum-Secretary, Department of Health and Family Planning, Govt. of Bihar, patna 3.The Deputy Secretary, Department of Health and Family Planning, Govt. of Bihar, Patna 4.The Director-in-Chief, Health Services, Govt. of Bihar, patna 5.The Civil Surgeon-cum-Chief Medical Officer, Khagaria. …………… Respondents ----------- 2. 20/07/2011 In this writ application, petitioner has challenged the notification dated 21.8.2003 of the Health Department, as contained in Annexure-4, by which petitioner and three more Medical Officers have been inflicted with punishment of stoppage of one increment along with censure. Learned counsel for the petitioner submits that this punishment was awarded to the petitioner and others on the ground of their absence from duty for one day. It is submitted that the Principal Secretary of the Department had made surprise inspection of the Sadar Hospital, Khagaria and had found the attendance of these doctors as not marked. Hence, he reported them absent and show cause was asked and thereafter this punishment has been 2 awarded. He refers to Annexure-2, a report of the Civil Surgeon-cum-Chief Medical Officer, Khagaria dated 3.2.2003 and another report of the same officer dated 17.9.2005, as contained in Annexure-5, to show that in fact the Deputy Superintendent of Sadar Hospital, Khagaria had locked the Attendance Register in the Almirah and he himself was absent on account of which petitioner could not mark his attendance on the Register. This writ application was filed on 7.7.2008 with service of two copies of the same in the office of learned Advocate General. However, till today, no counter affidavit has been filed. From the said Annexures-2 and 5 it appears that the show cause filed by the petitioner had been found satisfactory by the Civil Surgeon and in fact it was found that the Deputy Superintendent of Sadar Hospital was himself absent from duty on account of which a show cause was asked from him also. Since the Attendance Register was locked in the Almirah, petitioner had not been able to mark his attendance on the Register. In the circumstances, this Court finds 3 that the order of punishment, as contained in the impugned notification (Annexure-4), has been passed without application of mind to the facts of the case and therefore, the same is unsustainable. The impugned order, so far it relates to the petitioner, is therefore quashed. In the result, this writ application is allowed. Pradeep/ ( J. N. Singh,J.)