S.J. Mukhopadhaya, J. - (1.) THIS writ petition was preferred by petitioner on 28.6.2000 before the Patna High Court at Patna after service of copy on the counsel for the State (Mr. A.P. Jittu. S.C. II). This case has been transferred before this Court by the Hon'ble the Chief Justice of Patna High Court under Section 89 of Bihar Re -organisation Act, 2000 after notice to the parties. Till date, no counter affidavit has been filed on behalf of the State or any other respondents.
(2.) AS the case can be disposed of on a short point, in view of allegation as shown in the charge -sheet, it is not necessary to discuss all the facts or to grant further adjournment. The petitioner, who was a head clerk in the office of Civil Surgeon, Sahibganj, was asked certain explanation by Memo dated 12.9.1995 relating to certain appointments as were made by the then Civil Surgeon, Dr. Pankaj Kumar. The petitioner replied on 9.10.1995 and giving reference to Rule 167(B) of the Bihar Board's Miscellaneous Rule, 1958, pointed out that the charge has not been drawn in accordance with the rule which should be specific with separate number and should give the date, occasion and nature of offence committed. Thereafter the Director -in -Chief, Health Services, Bihar, Patna suspended the petitioner by Memo No. 1396 dated 8.10.1998 and initiated proceeding vide Resolution No. 1395 dated 8.10,1998. The copy of memo of charge was enclosed with the resolution dated 8.10,1998, translation of which made in English, reads as follows "Computation of charge. - -In the matter of illegal appointment of 25 A.N.M. under the Sahibganj Surgency by putting irrelevant factual note and in the matter of giving note for promotion instead of adjustment of workers working in Pox Eradication Programme, he is guilty."
(3.) IT appears that the formal order of suspension thereafter issued by the Civil Surgeon, Sahibganj vide Memo No. 1140 dated 31.10.1998, the petitioner submitted show -cause reply denying allegation on 26.12.1998 and thereafter on receipt of enquiry report, impugned punishment order contained in Memo No. 270 (22) was issued on 4.3.1999 by the Director -in -Chief, Health Services, Bihar, Patna. The petitioner was punished with stoppage of four increments with cumulative effect, a major punishment. It was ordered to lodge FIR against the petitioner for loss of State exchequer with further orders that the petitioner will not get the salary of the period of suspension and the order of suspension was invoked.;