J.C.S. Rawat, J. - (1.) THIS writ petition has been filed for seeking relief by way of Certiorari for quashing the order dated 29.6.2004 (Annexure -8 to the writ petition) issued by the Respondent No. 10 i.e. the Director -in -Chief, Health Services, Bihar by which the punishment order against the Petitioner has been passed by way of stoppage of three annual increments, censure and no payment of salary during the period of suspension except the subsistence allowance; the Petitioner was further debarred from working in accounts in future.
(2.) IT is admitted case of the parties that the Petitioner had been working as accountant in the State of Jharkhand after creation of the State on or from 15th November, 2010. He was an employee of the State of Bihar, prior to the creation of the State of Jharkhand. The Enquiry Officer, by way of Annexure -7, submitted the enquiry report to the Director -in -Chief, Health Services, Patna, Bihar on 26.5.2000 (prior to the creation of the State of Jharkhand) in which it was held that it is not clear from the record that as to whether the Petitioner was involved in the irregularities committed while purchasing the medicines in Bokaro Hospital in the State of Bihar (now in Jharkhand). The Director -in -Chief, Health Services, Patna, Bihar had not taken any decision on the report till 29.6.2004. And on 29.6.2004, after the creation of the State of Jharkhand, he had taken a decision by which the aforesaid punishment order was passed by the said Respondent. Learned Counsel appearing for the Petitioner contended that the Petitioner had not been working in the State of Jharkhand after the creation of the State of Jharkhand and the Respondent no -10 has no authority to pass any kind of order by way of punishment against the employees of the State of Jharkhand in view of the provisions of Bihar Reorganization Act.
(3.) LEARNED Counsel appearing for the State of Bihar refuted the contention and contended that the Respondent No. 10 has authority over his employees even they had been working in the State of Jharkhand. Learned Counsel appearing for the State of Jharkhand has also supported the contention of the learned Counsel for the Petitioner and contended that the State of Bihar has no disciplinary power to take any disciplinary action against the employees who had been working in the State of Jharkhand after the creation of the State of Jharkhand.;