S.J. Mukhopadhaya, J. - (1.) The petitioner has preferred this writ petition against the order No. 388 (22) dated 26.3.1999 issued by the Director -in -Chief, Health Services, Bihar, Patna; Memo No. 613 dated 14.6.1999 issued by the Civil Surgeon -cum -Chief Medical Officer, Dumka as also an order containing in Memo No. 302(22) dated 8.2.1999 issued by the Director -in -Chief, Health Services, Patna.
(2.) By order dated 8.2.1999, the Director -in -Chief, Health services, Bihar, Patna while held that the petitioner has been found guilty in the departmental proceeding, issued second show cause notice to the petitioner enclosing the copy of the enquiry report. By subsequent order dated 18.6.1999, the Director -in -Chief imposed penal order purported to be issued under Rule 49(d) of the Bihar Pension Rules, 1950 deducting 20% of the pension, permanently withholding the gratuity with further order to lodged FIR against the petitioner. It was forwarded by the Civil Surgeon to the petitioner.
(3.) The case of the petitioner is that he was suspended on 29.9.1994 in contemplation of a departmental proceeding followed by charge -sheet issued on 17/26.4.1998. The petitioner denied the allegation and filed show cause (sic) whereinafter no order was passed. The petitioner at that stage moved before the High Court in CWJC No. 3886/98 for direction on the respondents to drop the proceeding. A Bench of this Court on 8.1.1999 disposed of the writ petition with direction to the respondents to conclude the proceeding on a day to day basis and to conclude it within a time frame. It was made clear that the departmental proceeding is not concluded by 1.4.1999, the proceeding shall stand quashed and the petitioner cannot be punished on the basis of the charges in respect of such departmental proceeding.;