IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 1389 of 2010 1. DR. RAMASHISH PRASAD SINGH S/O LATE KARU SINGH R/O A/2, R.R. COMPLEX, BORING ROAD, PATNA AT PRESENT POSTED AS MEDICAL OFFICER AT AND P.S.- BASOPATTI, DISTT.- MADHUBANI Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 2. ADDITIONAL SECRETARY DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA 3. DEPUTY SECRETARY DEPARTMENT OF HEALTH, MEDICAL EDUCATION, GOVERNMENT OF BIHAR, PATNA 4. COMMISSIONER - CUM - PRINCIPAL SECRETARY DEPARTMENT OF FINANCE, GOVT. OF BIHAR, PATNA ----------- 2 30.06.2010 The petitioner has come to this Court with two grievances. He was in Health Service of the State of Bihar and has since superannuated in February, 2010. He was absent without permission for a period from 01.05.1994 to 24.05.1998. A departmental proceeding had been initiated against him which ultimately culminated in an order which was notified on 16.04.2004. He was awarded three punishments. First, censure. Second, the period of unauthorised absence, as aforesaid, was to be adjusted from available leave. Thirdly, one increment, with non- cumulative effect, was withheld. Petitioner’s first grievance is with regard to the said period. His grievance is that the said order has not been implemented and given effect to. His second grievance is that as per various enquiry reports, it has been found that petitioner had given his due joining at the Headquarters in Secretariat on 25.05.1998. This is available from the enquiry report in these departmental proceedings itself. He was ultimately posted on 23.06.2004. He is, thus, entitled to regularisation of service during the intervening period for which orders had to be passed otherwise his retirement benefits would be adversely affected. 2 Having considered the matter, in my view, the petitioner, alongwith a copy of this order, must represent before the Principal Secretary, Department of Health and Family Welfare, Government of Bihar on both these issues who would get the mater examined and see that all necessary and consequential steps are taken in accordance with law at the earliest preferably within a period of six weeks of presentation of memorandum alongwith a copy of this order. With these observations, the writ petition stands disposed of. M.E.H./ (Navaniti Prasad Singh)