- (1.) In the instant writ application, the petitioner has inter-alia prayed for quashing of the Memo No.2535 dated 17.09.2010 (Annexure-16) issued by the Civil Surgeon-cum-Chief Medical Officer, Deoghar (Respondent No.4) pertaining to dismissal from services and for direction upon the respondent no.4 for reinstatement of the petitioner on the post of Clerk (Class-III) with all consequential benefits and for direction to the respondent no.2 to take stern action against the respondent no.4 & 6 in pursuance to the order dated 06.08.2010 (Annexure-12) passed in W.P.S. No.3436 of 2010.
(2.) Sans details, the facts as emanated from the averments of the writ application, in a nutshell, is that the petitioner was initially appointed as Clerk (Class-III) in the Health Department, Deoghar on compassionate ground vide memo dated 19.12.1991 issued by the Civil Surgeon, Deoghar (respondent no.4). In pursuance to such appointment, the petitioner continued to discharge his duties to the utmost satisfaction of her superior authorities. The petitioner who was performing her duty regularly was surprised to receive memo dated 13.09.2005 issued by the respondent no.4 directing the petitioner to file a show cause on the basis of report of respondent no.6 vide letter dated 01.09.2005. The petitioner submitted her reply dated 23.09.2005 giving detailed reasons before the respondent no.4 due to non-payment of salary, the petitioner requested the respondent no.6 for payment of the same but respondent no.6 indulged in outraging the modesty of the petitioner for which the petitioner submitted a written report to the S.P., Deoghar for needful action. The respondent no.6 after coming to know about such fact lodged FIR. The respondent no.4 in connivance with the respondent no.6 placed the petitioner under suspension with immediate effect and the respondent no.4 decided to initiate Departmental Enquiry against the petitioner vide memo dated 24.01.2007 and issued charge memo vide Annexure-8 to the writ application. The petitioner on 06.02.2007 submitted her reply denying all the charges. After conducting the departmental inquiry the Inquiry Officer submitted Inquiry Report to respondent no.4 exonerating her from the charges and recommended to revoke the suspension of the petitioner, suggesting that the period of suspension be considered as sufficient punishment and Inquiry Officer has also mentioned that charges levelled against the respondent no.6 is outcome of his prejudiced action. Since, subsistence allowance was not paid to the petitioner, a representation to the respondent no.4 for payment of subsistence allowance as well as to take final decision in the departmental proceeding was filed, but to no effect. The writ petition bearing no.3436 of 2010 was disposed of on 06.08.2010 with a direction to the respondent no.2 to see that the pending enquiry against the petitioner be brought to an end within a period of 4 weeks from the date of receipt of a copy of the order and for payment of subsistence allowance. Thereafter, vide memo dated 27.08.2010 issued by respondent no.4 directed the petitioner to file show cause within 15 days as to why the punishment of dismissal be not awarded to the petitioner and on 14.09.2010, the petitioner submitted her detailed show cause before the respondent no.4 and requested to exonerate her from all the charges. The respondent no.4 without considering the show cause reply filed by the petitioner on 14.09.2010 has passed an order of dismissal of the petitioner from services vide Annexure-16 to the writ application. Being aggrieved by the impugned order of dismissal from services, the petitioner, left with no other alternative efficacious and speedy remedy has approached this Court invoking extra-ordinary jurisdiction under Article 226 of the Constitution of India for ventilating her grievances.
(3.) Per-Contra a counter-affidavit has been filed by respondent no. 4 controverting the averments made in the writ application. In the counter- affidavit, it has been submitted that the order of dismissal of the petitioner dated 17.09.2010 has been sent to the Director in Chief Health Services Jharkhand, Ranchi and Secretary Department of Health for information, review and approval. From the dismissal order, it is quite evident that clear reasons have been mentioned for her dismissal. During her service tenure, Primary Health Centre Sarwan, Primary Health Centre, Jasidih and Additional PHC Kushiml sent complaints against the petitioner for disobedience of order. Due to differences in the opinions of the conducting officer and the then C.S. cum CMO Deoghar, the file was sent to the Regional Dy. Director (H.S) Santhal Paragana Division, Dumka for guidelines regarding further action to avoid controversies. The order of dismissal of the petitioner has been passed as per the rules. A counter-affidavit has also been filed by respondent no.6 repelling the contentions made in the writ application. It has been submitted that the respondent no.6 has also informed the local police vide memo dated 09.12.2005 and on the basis of which police instituted Jasidih P.S. Case No.274 of 2005 dated 17.12.2005 under Sections 448, 323 & 504 of the Indian Penal Code in which police after investigation submitted charge sheet against the accused vide charge sheet No.229 of 2005 under Sections 448, 323 and 504 of the Indian Penal Code.;