IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2218 of 2010 1. DR.AKHILESH KUMAR S/O LATE SHALIGRAM SINGH R/O JUSTICE RAJ KISHSORE PATH, P.S.- KADAMKUAN, TOWN AND DISTT.- PATNA Versus 1. THE STATE OF BIHAR 2. PRINCIPAL SECRETARY, DEPTT. OF HEALTH GOVT. OF BIHAR, NEW SECRETARY, PATNA 3. ADDITIONAL SECRETARY, DEPTT. OF HEALTH GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 4. JOINT SECRETARY, DEPTT. OF HEALTH GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 5. DEPUTY SECRETARY, DEPTT. OF HEALTH GOVT. OF BIHAR, NEW SECRETARIAT, PATNA 6. DIRECTOR-IN-CHIEF, HEALTH SERVICES BIHAR, PATNA 7. CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER ARARIA ----------- 2 03/12/2010 Annexure-28 dated 6.7.2009 is the impugned order by virtue of which petitioner has been dismissed from service. Primary allegation against the petitioner is that he had been absent for more than five years without any authority or authorization. Necessary chargesheet has been annexed as annexure-20 to the writ application. Limited and pointed submission which has been made by learned counsel for the petitioner is that annexure-24 is supposed to be the enquiry report based on which impugned order of punishment has been passed. Annexure-24 is an abstract of the file or the proceeding where the Court does not find any discussion - 2 - as to the kind of evidence which was produced, the kind of witnesses who were examined in support or any explanation offered by the petitioner was considered. The Enquiry Officer has simply recorded that the petitioner had handed over charge to Dr. Captain D. N. P. Sinha in 1997 and went on leave till 2002. Therefore, the charge is proved and he recommended dismissal of the petitioner from service. To say the least, the enquiry report is not only perfunctory but also a mockery of an enquiry. Such enquiry report can never form basis for imposition of punishment like dismissal which is the ultimate punishment in terms of harshness which can come to visit an employee. Order of dismissal contained in annexure-28 is hereby quashed. Matter is remitted back to the authorities to appoint a fresh Enquiry Officer who will conduct enquiry in accordance with law and the Rules extensively laid down in the C.C.A. Rules, 2005 and then pass appropriate orders in this regard. This writ application is allowed accordingly. AMIN/ (Ajay Kumar Tripathi, J.) - 3 -