IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.9801 OF 2005 DR.(CAPT.)JANARDAN PRASAD, SON OF LATE B. D. LAL, RESIDENT OF MOHALLA VASANT VIHAR, POLICE STATION BETTIAH MUFFASIL, DISTRICT WEST CHAMPARAN ………………………………………………..PETITIONER VERSUS 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY, BIHAR, PATNA 2. THE COMMISSIONER AND SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, BIHAR, PATNA 3. THE DEPUTY SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, BIHAR, PATNA …………………………………………………………………………RESPONDENTS ******* 4 25/03/2011 The petitioner who has retired on 30.11.1993 and was working as Assistant Civil Surgeon claims that he should be given the Super Time Scale. The petitioner moved this Court for the first time by filing CWJC No. 11099 of 1997 on 06.01.1999. This Court directed the Commissioner –cum- Secretary of the Health Department to dispose of the representation of the petitioner after considering whether juniors to the petitioner had been granted the said Super Time Scale. The claim of the petitioner is from the year 1977. However, after the disposal of the writ application vide Annexure-2 dated 26.07.2003, the then Commissioner passed an order that although the petitioner’s name had been cleared for the purpose of being granted the Super Time Scale by the Bihar Public Service Commission on 17.05.2001, he could not be granted the said scale for the reason that a CBI enquiry 2 was pending against the petitioner. It is also apparent from Annexure-2 that the High Court had ordered for an enquiry to be conducted by the Central Bureau of Investigation for the medicines ordered by various Medical Staffs at the Primary Health Centre from the M.S.D., Kolkata. The submission on behalf of the petitioner is that he was entitled to grant of Super Time Scale from the year 1977. The document by which the Bihar Public Service Commission has approved the grant of the Super Time Scale is not before this Court to ascertain the date from which he was granted the said scale. The present position is that the CBI enquiry is still pending, there is no departmental proceeding initiated against the petitioner and perhaps there is also no scope of initiation of any departmental proceedings at this late stage. The question, therefore, is whether the petitioner would be entitled to the grant of Super time Scale? The grant of the Super Time Scale would depend on the fact whether there is any case pending against the petitioner inasmuch as the State should ascertain whether an First Information Report has been instituted against him. The State should also ascertain the period of the alleged occurrence, as the date would be 3 relevant for the purposes of grant of Super Time Scale. If it is found that the petitioner was entitled for grant of Super Time Scale, and at that time, there was no proceeding or allegation pending against the petitioner, it goes without saying that the petitioner would be entitled for grant of Super Time Scale since there was nothing adverse in the career of the petitioner at the relevant time. These aspects of the matter should be examined by the Principal Secretary, Health Department. Annexure-D to the counter affidavit indicates that the State has called for information from the Central Bureau of Investigation vide memo no. 699 dated 14.10.2010. Although, the letter was written in October, 2010, the Health Department has not received any reply from the Superintendent of Police, Central Bureau of Investigation. In the circumstances, a reminder along with a copy of this order may be forwarded to the Superintendent of Police, Central Bureau of Investigation by the Deputy Secretary, Health Department so that the department may know whether there is anything adverse against the petitioner or not. The alleged period during which the petitioner had supposedly ordered for the medicines from M.S.D., Kolkata should also be determined as it would be relevant factor for the purpose 4 of grant of Super Time Scale. This order may be produced by the petitioner before the Principal Secretary, Health Department, Government of Bihar, Patna within a period of three weeks from the date of receipt of a copy of this order so that the Principal Secretary may act in accordance with the orders aforesaid. The entire matter should be disposed of within a period of four months from the date of production of a copy of this order considering that the petitioner has been making his claim from the year 1977 for grant of Super Time Scale. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )