Patna High Court
Dr. Raman Kumar Singh @ Raman Kumar Singh vs The State Of Bihar on 19 December, 2024
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17019 of 2024
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Dr. Raman Kumar Singh @ Raman Kumar Singh Son of Shivendra Prasad
Singh, Resident of Ward-09, Jagatpura, P.S. - Sangrampur, District - Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through the Additional Chief Secretary, Health
Department, Bihar.
2. The Additional Chief Secretary, Health Department, Bihar.
3. The Director, Health Services, Bihar, Patna.
4. The Civil Surgeon-Cum-Chief Medical Officer, District - Sheohar.
5. The Executive Director, State Health Society, Bihar, Patna.
6. The Regional Additional Director of Health Services, Tirhut Division,
Muzaffarpur.
7. Dr. Kamlesh Kumar Kamal, Current Medical Officer, Primary Health
Center, Tariyani.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Madhumay Madhup, Advocate
Mr. Anand Kumar Tiwari, Advocate
Mr. Nishikant, Advocate
For the Respondent/s : Mr.Standing Counsel 21
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 19-12-2024
Heard Mr.Madhumay Madhup along with Mr.
Anand Kumar Tiwari and Mr. Nishikant, learned counsel
appearing on behalf of the petitioner and learned SC 21 for the
State.
2. Petitioner has inter alia prayed for following
reliefs in the paragraphs No.1 of the writ petition:-
"(I) To issue an appropriate writ in
nature of certiorari for setting aside the order dated.
24/08/2024
of the Civil Surgeon-Cum-Chief Medical
Officer, District-Sheohar (Respondent No. 1)
contained in Annexure P/24, whereby and whereunder
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the Respondent No. 3 has removed the petitioner from
the post of In-Charge Medical-Cum-Withdrawal and
Disbursement Officer at Primary Health Centre,
Traiyani.
(ii) To issue an appropriate writ in the
nature of mandamus directing the concerned
respondents to reinstate the petitioner on the post of
In-Charge Medical Officer- Cum -Withdrawal and
Disbursement Officer at Primary Health Centre,
Taryani along with consequential benefits.
(iii) To grant any other relief, which
Your Lordship may deem fit and proper in the interest
of justice, equity and good conscience.”
3. Learned counsel appearing on behalf of the
petitioner straight away refers to communication contained in
Memo No.411(3) dated 20.06.2023, by which the Deputy
Secretary, Health Department has directed the Civil Surgeon-
cum-Chief Medical Officer, Sheohar to consider the case of Dr.
Kamlesh Kumar Kamal, who was posted as Medical Officer,
Additional Primary Health Centre, Shalimpur and upon his
complaint (Complaint No.8260120032308367), on 09.06.2023
and 21.04.2023 orders have been passed that the petitioner is
senior to Dr. Kamlesh Kumar Kamal and action is required to
be taken in accordance with departmental order No.1091(3)
dated 21.12.2021 and letter No.96(3) dated 09.03.2022. At the
same time, petitioner has drawn attention of this Court towards
letter in letter no.52 dated 22.08.2024, by which Member of
Parliament has requested the Civil Surgeon, Sheohar to take
appropriate action against the petitioner, who was posted for last
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15 years at the same Primary Health Centre. In compliance of
the complaint made by the Member of Parliament, learned
counsel submitted that without following the due process of law,
the petitioner has been demoted and has been posted in the same
Primary Health Centre as Medical Officer vide Memo No.- 532
dated 24.08.2024 and Dr. Kamlesh Kumar Kamal, who is Junior
to the petitioner has been posted as In-charge Medical Officer-
cum-Drawing and Disbursing Officer. Learned counsel further
submitted that the order is not only derogatory and demoralizing
to the petitioner but at the same time, it is against the service
condition rules, as well as, it is punitive in nature as without
following the due process of law, the petitioner has been
penalized to work under his junior.
4. Per contra, learned counsel appearing on behalf
of the respondents submitted that the counter affidavit has been
filed on behalf of respondent nos.2 and 3, who are the
Additional Chief Secretary, Health Department and Director
Health Services, Bihar, Patna. Referring to several paragraphs,
he submitted that from the very inception, the petitioner as a
matter of right cannot claim to continue to hold the charge of
post of In-charge, Medical Officer-cum-Drawing and
Disbursing Officer, Primary Health Centre, Tariyani and
Patna High Court CWJC No.17019 of 2024 dt.19-12-2024
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considering the administrative exigency, he was relieved of the
charge in public interest. In paragraph 10, summary of the
background facts as made available by the Civil Surgeon has
been reiterated and the same is reproduced hereinafter:
“That the brief summary of the
background facts as made available by the Civil
Surgeon, Sheohar are being stated as hereunder:-
i) Petitioner has remained posted as
Medical Officer, Primary Health Centre, Tariyani
for about 15 years and in the capacity of being
Incharge Medical Officer of the Primary Health
Centre in question, he has continuously
misbehaved with senior/junior officers and
female/male employees of the Primary Health
Centre in question.
ii) In 2016, the then Civil Surgeon-
cum-Chief Medical Officer, Sheohar vide his
Letter no.472 dated 22.04.2016 petitioner had
been posted at Primary Health Centre, Durari,
Katsari on account of his bad behaviour with the
employees.
iii) In 2016 itself, two persons
namely, Dr. Om Prakash Singh and Smt. Vinecta
Kumari has lodged FIR against the petitioner vide
P.S. Case No.44/2016 and 14/2016 alleging
indecent behaviour.
iv) Thereafter, in the light of the
charge constituted in form ‘k’ by Civil Surgeon,
Sheohar, vide Departmental Letter No.37(9) dated
15.01.2021 show cause was issued against the
petitioner seeking explanation of the charge of
indecent behaviour and maltreatment against his
fellow employees namely, Dr. Daya Nand Mallick,
Incharge Medical Officer and Sri Lukesh Kumar,
Clerk, Primary Health Centre, Tariyani.
v) After examination of the show
cause reply at departmental level, Health
Department, Govt, of Bihar issued a notification
bearing Memo No.400(9) dated 16.06.2022
whereby petitioner has been inflicted with the
punishment of censure and stoppage of increments
cumulative effect for two years without
cumulative effect.
vi) Thereafter, in pursuance of and
in compliance with the order of Regional
Additional Director, Health Services, Tirhut
Division, Muzaffarpur issued vide Letter no.258
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dated 20.06.2022, one Dr. Kamlesh Kumar Kamal
was made Incharge Medical Officer-cum-
Drawing Disbursing Officer, Primary Health
Centre, Tariyani in place of the petitioner in view
of work interest and administrative expediency.
vii) Thereafter, petitioner lodged a
complaint before the Departmental Grievance
Redressal Officer against making Dr. Kamlesh
Kumar Kamal as Incharge Medical Officer of the
Primary Health Centre, Tariyani and after
hearing on the factual report submitted by the
then Civil Surgeon, Sheohar dated 27.07.2022,
the complaint of the petitioner was rejected.
viii) Thereafter, petitioner again
submitted a similar complaint before the
Grievance Redressal Officer, which was allowed
ex- parte in favour of the petitioner on
27.01.2023.
ix) Thereafter, being aggrieved with
the aforesaid order dated 27.01.2023(vide Annex-
D) passed by the Service Grievance Redressal
Authority, altogether 19 female employees of the
Primary Health Centre in question also filed writ
petition bearing CWJCNo. 10374/2023 praying
for quashing the aforesaid order dated 27.01.2023
passed in favour of the petitioner, which is
pending for adjudication before this Ilon’ble
Court.
x) Civil Surgeon-cum-Chief Medical
officer, Sheohar vide his letter order dated
22.11.2024 has also mentioned about guidelines
issued by General Administration Department,
Government of Bihar as contained in letter No.
8322 dated 10.06.2015 in which, it clearly
stipulates that the senior officer should
maintained decent behaviour with subordinate
employees working under his jurisdiction.
xi) Civil Surgeon-cum- Chief
Medical Officer, Sheohar vide his letter dated
22.11.2024 has further reported that during
inspection of Sheohar district, several officers and
employees have complained that though, they
discharge their duty regularly, but their
salary/honorarium was kept pending for several
months and simultaneously, they have also
submitted application that they are contemplating
to go for mass leave and in pursuance thereof,
Civil Surgeon-cum- Chief Medical Officer,
Sheohar vide Letter No.484 dated 07.08.2024 has
instructed all the Drawing & Disbursing Officers
of the health institutions of Sheohar district to
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ensure payment of salary to the employees within
24 hours and also inform, but petitioner did not
comply with the order.
xii) Petitioner has been continuously
absent from duty since 07.09.2024 which is
causing hindrance to the working of Primary
Health Centre, Tariyani.
xiii) Petitioner being aggrieved with
the impugned order of removal dated 24.08.2024,
has submitted an application before the Regional
Additional Director, Health Services, Tirhut
Division, Muzaffarpur and pursuant to his
representation, the Regional Additional Director,
Health Services, Tirhut Division, Muzaffarpur
ordered for enquiry by three member enquiry
committee which has submitted its report vide
Memo No.01 dated 12.11.2024 recommending for
keeping the impugned order bearing Memo
No.534 dated 24.08.2024 as intact.”
5. It is specifically mentioned in sub-paragraph no.
(v) of the para 10 of the Counter Affidavit that the Health
Department, Government of Bihar, issued a notification bearing
Memo No.400(9) dated 16.06.2022, whereby petitioner has
been inflicted with the punishment of censure and stoppage of
increments for two years without cumulative effect. The said
communication has been brought on record by way of Annexure
R/C to the counter affidavit and after passing of the order in
accordance with law, the petitioner has been directed to be
posted at Primary Health Centre, Tariyani and Dr. Kamlesh
Kumar Kamal has been made in-charge Medical Officer-cum-
Drawing and Disbursing Officer, Primary Health Centure,
Tariyani. Thereafter, the petitioner submitted several complaints
before the Grievance Redressal Officer, which was allowed in
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part ex parte in favour of the petitioner on 27.01.2023 and also
an allegation has been made against the petitioner that
altogether 19 female employees of Primary Health Centre in
question also filed writ petition bearing CWJC No.10374 of
2023 for quashing of order dated 27.01.2023 passed in favour of
the petitioner. Status of aforesaid writ petition shows that it is
pending for hearing (Annexure R/E). On these backgrounds,
learned counsel submitted that adhering to the strict guidelines
issued by the General Administrative Department, Government
of Bihar, as contained in Letter No.8322 dated 10.06.2015, the
order has been passed and the petitioner at the same time, has
been absent from duty since 07.09.2024, which is causing
hindrance to the working of Primary Health Centre, Tariyani and
as such no interference is required with the impugned order of
removal dated 24.08.2024.
6. Heard the parties.
7. Having considered the rival submissions made on
behalf of the parties, as well as, the fact that the petitioner
having been demoralized and at the same time an order of
imposing minor punishment of censor has been passed against
the petitioner and in defence, the Additional Chief Secretary
who is well aware of the manner in which the disciplinary
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action has to be carried on but in the present case, there is
complete go-by to the provision of Bihar CCA Rules, 2005. The
punishment has been enumerated in Rule 14 of Bihar CCA
Rules, 2005 and any disciplinary action against a gazetted
officer, the petitioner being selected by the Bihar Public Service
Commission, adherence of Rules 16 of Bihar CCA Rules, 2005
necessitated of holding of enquiry by appointing presenting
officer and the enquiry officer. The allegation is that the
petitioner remained at the same place of posting for nearly 15
years and he was punished on the basis of the complaint made
by a member of Parliament without holding any enquiry as
stipulated under Rule 19 for imposition of minor penalty which
mandates holding of enquiry as per the provision of Rule 17(3)
– 23. In the present case, there has been complete violation of
holding an enquiry as per the manner prescribed in Sub-Rule 1
(b) of Rule 19 of the Bihar C.C.A Rules, 2005, inasmuch as,
which prescribes for holding of an enquiry in the manner laid
down in Sub-Rules (3) to (23) of Rule 17, in every case, in
which the Disciplinary Authority is of opinion that such Enquiry
is necessary. I find that at the same time, there has been
complete violation of the mandatory provision as contained in
Sub-Rule (c), (d) and (e) of Rule-1 and also Sub- Rule (2) of
Patna High Court CWJC No.17019 of 2024 dt.19-12-2024
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Rule 19. No doubt, a minor penalty has been issued but this
Court is aghast to peruse the manner in which the Additional
Chief Secretary, who is the senior IAS officer has dealt with the
case of the petitioner being influenced by the communication
and complaint made by the Member of Parliament and has
bypassed all the requirement of Bihar CCA Rules, 2005.
Adhering to the principle of natural justice even though the
order of transfer by demoting of the petitioner can be considered
to be for administrative exigency required minimum opportunity
of hearing.
8. Reference in this regard can be made to the
judgment of the Hon’ble Supreme Court in following cases:-
The Hon’ble Supreme Court in the case of State of
Karnataka Vs. Umesh, reported in (2022) 6 SCC 563, has held
that:
“In the exercise of judicial review, the Court does
not act as an appellate forum over the findings of
the disciplinary authority. The court does not re
appreciate the evidence on the basis of which the
finding of misconduct has been arrived at in the
course of a disciplinary enquiry. The Court in the
exercise of judicial review must restrict its review to
determine whether;
(i) the rules of natural justice have
been complied with;
(ii) the finding of misconduct is based
on some evidence;
(iii) the statutory rules governing the
conduct of the disciplinary enquiry have been
observed; and
(iv) whether the findings of the
disciplinary authority suffer from perversity; and
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(v) the penalty is disproportionate to
the proven misconduct.”
The Apex Court in the case of Sarvepalli
Ramaiah v. District Collector, Chittoor, reported in (2019) 4
SCC 500 has held as follows:-
“40. Administrative decisions are subject to judicial
review under Article 226 of the Constitution, only on
grounds of perversity, patent illegality, irrationality,
want of power to take the decision and procedural
irregularity. Except on these grounds administrative
decisions are not interfered with, in exercise of the
extraordinary power of judicial review. Judicial
review under Article 226 is directed, not against the
decision, but the decision- making process. Of
course, a patent illegality and/or error apparent on
the face of the decision, which goes to the root of the
decision, may vitiate the decision-making
process….”
9. Further, the law in this regard is well settled that
there cannot be abdication of power in favor of the Senior
authority by the junior authority. This Court took reference of
judgment delivered by Hon’ble Supreme Court in case of
Manohar Lal vs. Ugrasen & Ors, reported in (2010) 11 SCC
557.
10. The counter affidavit is devoid of any pleading
or supporting document, as to whether, the petitioner was ever
served a show cause notice and any reference of the fact though
a minor penalty was imposed against the petitioner, as would
appear from perusal of sub-para(v) of paragraph no.10 of the
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counter affidavit, the petitioner was inflicted with minor
punishment of censor and stoppage of increment for two years
without cumulative effect, the effect of the same having been
over in view of the explanation to Rule 14, the authorities in a
very vindictive manner has penalized the petitioner without
following the principle of natural justice, which surprisingly has
been supported by the Additional Chief Secretary, which is
uncalled for. This Court has no alternative than to set aside and
quash the order as contained in memo 532 dated 24.08.2024 and
observe that in future the authorities holding administrative post
in the State of Bihar must educate themselves and be cautious in
defending any order which is not based on the sound principle
of law. The petitioner is directed to be reinstated back to the post
of in-charge Medical Officer-cum-Drawing and Disbursing
Officer, Primary Health Centre, Tariyani.
11. The writ petition is accordingly allowed.
(Purnendu Singh, J)
Sanjay/-
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