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CHAKRADHARI SHARAN SINGH
Om Prakash Lal – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
1. The matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
2. It is the petitioner's case, as pleaded in the writ application, that he was appointed in Bihar Health Service in 1988. By an order dated 29.06.2002, he was posted at Primary Health Centre, Rohtas. The said place of posting, according to the petitioner, was immensely disturbed those days, when the doctors were threatened to pay ransom else they would be killed. He, admittedly, did not join his place of posting. According to him, he was depressed and had fallen sick. His father also went in depression, which were the additional reasons why he could not join his place of posting. Nearly one and half years thereafter, he filed a representation before the Civil Surgeon-cum-Chief Medical Officer, Rohtas at Sasaram making a request to transfer him to a different place. After considering his physical condition and that of his father the petitioner was deputed at Bhemkarup in Nasriganj Block. A copy of the order dated 16.12.2003 has been annexed as Annexure-1 to this application, from which it appears that the Civil Surgeon, while deputing the petitioner to additional Primary Health Cent
Unauthorized absence for a long period constitutes gross misconduct, and the principle of no work, no pay applies in cases of dismissal.
Disciplinary action must consider proportionality of punishment in light of circumstances, including health issues, and proper procedure must be followed to ensure fair treatment.
Point of Law : Discipline is the backbone of the Police force and the highest degree of discipline is imperative for the smooth functioning of the police force.
Disciplinary proceedings must adhere to principles of natural justice, ensuring fair enquiry and opportunity for the accused to present their case.
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