Disciplinary actions must adhere to procedural rules and principles of natural justice; failure to do so renders the action invalid.

JUDGMENT :

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 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 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 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 Primar