IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11298 of 2009 DR.UDAY CHANDRA MISHRA . Versus THE STATE OF BIHAR & ORS . 2 29.10.2009 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner was earlier posted as Civil Surgeon, Khagaria and presently at the time of issuance of the impugned order contained in Annexure-10 was posted as Principal, Family Welfare Training Centre, Sheikhpura. The Joint Secretary, Government of Bihar, Department of Health by order contained in Memo No. 677(9) dated 31.7.2009 has put the petitioner under suspension in contemplation of a departmental proceeding. Petitioner has challenged this suspension order (Annexure-10) on the ground that the basic reason behind his suspension order is the Inquiry report submitted by the S.D.O, Khagaria on the direction of the District Magistrate,Khagaria. The District Magistrate and the Civil Surgeon being the Officer of the same rank and both the departmental heads of the Department cannot direct for taking any disciplinary action against another departmental head, specially, when it is based on the enquiry report of the S.D.O, who is an officer junior in rank and, who is not competent to conduct inquiry. Since suspension order is based on such report, it is bad and fit to be quashed. On perusal of the suspension order, I do not find that there is any reference of the inquiry report submitted by the S.D.O. and the recommendation made by the District Magistrate for taking any - 2 - administrative or departmental action against the petitioner, rather some allegations made against the petitioner relating to irregular transfer and defalcation of money in installation of X-ray machine is the reason for issuance of the suspension order in contemplation of the departmental proceeding. I do not find any reason to interfere with the impugned order. This application is dismissed. (Mridula Mishra,J.) A.Kumar -----------