S.B. Sanyal, J.

In this writ application, the petitioner seeks quashing of Annexure- 1, by which the Joint Secretary in the Department of Health, State of Bihar, has imposed a punishment under rule 55-A of the Civil Services (Classification, Control and Appeal) Rules, 1930 (hereinafter to be referred to as 'the Rule'.) The punishment imposed is stoppage of two increments with cumulative effect and for making an entry thereof in the character roll of the petitioner.

2. The facts of the case, briefly stated are as follows:- The petitioner is a Medical Graduate and was appointed in the Bihar Medical Service Class II some time in December 1959 and was posted in Turkaulia Block in the district of Champaran. In the year 1963 the petitioner proceeded on leave and obtained his Master of Surgery and in July 1963 he was put in supernumerary duty in the Gulzarbagh Infectious Diseases Hospital. The petitioner thereafter moved from places to places and ultimately came to be posted as Resident Surgical Officer in the Department of Surgery in the Ranchi Medical College Hospital and after he worked for three years, the petitioner obtained leave Ex-I dia for higher studies, from November 1968. In November 1972 he obtained his F.R.C.S. from United Kingdom. On return to India, the petitioner in November 1975 was posted as Medical Officer in M.J.K. Hospital, Bettiah.

3. On 7th August 1974 the petitioner received a letter from the Health Commissioner, respondent no.1, along with a letter of complaint purported to have been written by one Charitar Ram of village Shanker Saraiya, P.S. Turkaulia, alleging that while the petitioner was posted as a Medical Officer in Turkaulia Block, he accepted fees of a sum Rs. 150/- for performing an operation upon him. The petitioner was called upon to explain the said complaint. The petitioner has annexed the letter and the said complaint, which have been marked Annexures 2 and 2/1. On 17th August 1974 the petitioner replied to the said letter contending that the allegations made against him are wholly false. In April 1973, another similar allegation was communicated to the petitioner said to have been made by one Basant Ram. All these allegations related to the years from December 1959 to February 1963, when the petitioner was the Medical Officer in Turkaulia Block. The petitioner having scented some foul play on the part of some persons enimical to him to disrepute him because of his having obtained higher degree from United Kingdom, he made enquiries from Basant Ram, who frankly confessed that the complaint lodged by him was not founded on any material but purely hear-say. He admitted that he had no personal knowledge about the allegations. A copy of the letter of the said Basant Ram has been annexed and marked Annexure-5 to the writ petition. The petitioner forwarded the said copy or Basant Ram dated 7th of May 1976 to the Health Commissioner and asserted that the allegation against the petitioner is wholly misconceived and had been engineered by some interested persons.

4. On 18th of April 1977 the petitioner was asked to show cause by the Joint Secretary of the Health Department, that after inquiry by the Vigilance Department, it had been proved that though the post held by the petitioner was a non-practising one, he had accepted fees from 11 patients whose names were set out in the said letter. The petitioner was asked to show cause within fifteen days as to why he should not be punished for the same. The said show cause notice is dated 18.4.1977 and has been marked Annexure-7. The petitioner replied to the said show cause notice by Annexure-8 on 2.5.1977 wherein he contended that the allegations are per se false. He also contended that the department having slept over the matter for 14 long years the charge is belated and even the material which led to the said charge is of no consequence inasmuch as the person, who made the complaint, himself stated that the said complaint was based on hear-say and h