Decided on May 19,2022

Kavindra Prasad Singh Appellant
STATE OF BIHAR Respondents


- (1.) Heard learned counsel for the respective parties.
(2.) In the instant petition, petitioner has prayed for the following relief/reliefs: i. For quashing the enquiry report contained in Memo No. 042 dtd. 25/9/2014 whereby and where under the Charge No. 1 and 2 have been proved. ii. For quashing the Resolution bearing Memo No. 1102 (9) dtd. 20/12/2021 issued under the signature of the Joint Secretary, Health Department, Bihar, Patna whereby and where under the petitioner has been visited with the punishment of compulsory retirement. iii. For direction upon the respondent authorities to reinstate the petitioner in services with all consequential monetary benefits and allow him to attain the age of superannuation i.e. 67 years. iv. For declaration by the Hon'ble Court that the proceeding from the stage of enquiry upto the punishment order is in breach of mandatory provisions contained in Bihar C.C.A. Rules, 2005. v. For any othe relief/reliefs to which the petitioner may be entitled to.
(3.) The petitioner while working in the Health Department, he was subjected to disciplinary proceedings pursuant to preliminary enquiry report dtd. 25/9/2014 read with 20/12/2021. Based on the preliminary enquiry report, charge memo was issued on 22/2/2011. Thereafter, show cause notice was issued on 28/1/2013. The second show cause notice along with the Enquiring Officer's report was furnished to the petitioner on 10/8/2016 for which petitioner had submitted reply on 21/2/2017. Thereafter on 20/12/2021, State " respondent imposed one of the major penalty namely compulsory retirement. Thus, the petitioner has presented this petition.;

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