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2025 Supreme(Pat) 1404

IN THE HIGH COURT OF JUDICATURE AT PATNA
MOHIT KUMAR SHAH and SONI SHRIVASTAVA, JJ.
CWJC No. 17666 of 2025
(25.11.2025)
Union of India & Ors. ... Petitioners
vs.
Dr. Vibha Sinha ... Respondents

Advocates Appeared:
For the Petitioners: M/s Dr. K. N. Singh, Sr. Adv. ASG, Rabindra Kumar Priyadarshi, Sr. Panel Adv.
For the Respondent: None.

Headnote:

Central Health Services Rules, 2014 – Rule 13 – Constitution of India – Article 226/227 – Punishment – Reversal by CAT with direction to grant all consequential benefits to respondent – High Court while exercising its power of judicial review under Articles 226/227 of Constitution of India should not interfere in matters of disciplinary proceedings and punishment inflicted therein unless findings are found to be perverse and unless it is a case of no evidence – Suspicion, however high may be, can under no circumstances be held to be substitute for legal proof even in disciplinary proceedings and in case finding of guilt is based on no evidence, it would be a perverse finding as also would be amenable to judicial scrutiny and such order of punishment resting on no evidence would be liable to be quashed – There is no conclusive proof or evidence or even preponderance of probability that respondent was doing private practice – Allegations levelled against respondent have not stood substantiated, as such punishment imposed upon respondent is not sustainable in eyes of law because it is a case of no evidence – Writ Petition dismissed. (Paras 11, 12 and 13)

Mohit Kumar Shah, J.—The present writ petition has been filed against the order dated 30.05.2025, passed in OA/050/00758/2023, whereby and whereunder the Ld. Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the “CAT”) has been pleased to allow the original application filed by the respondent herein by quashing the order of punishment dated 14.08.2023, as conveyed to the respondent vide office order dated 23.8.2023 and the petitioners have been further directed to grant all consequential benefits to the respondent within a period of three months of the date of receipt of the said order.

2. The short facts of the case, according to the original applicant - Respondent are that she started her career with the Central Government Health Services in the year 1997 by joining the post of Medical Officer on 24.06.1998, whereafter she was promoted as Senior Medical Officer in the year, 2001, after which she was promoted as Chief Medical Officer in the year, 2009 and as Chief Medical Officer (NFSG) in the year, 2013. It is stated that though the petitioner was due to be promoted on the post of Senior Administrative Grade in the year 2016, however the same has been denied to her. It is the case of the respondent that after rendering about 24 years of unblemished service, she was being put to trouble, inasmuch as firstly she was transferred from Patna to Prayagraj, whereafter a motivated departmental proceeding was initiated against her, vide memorandum of charge dated 17.05.2021, which was issued under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 (hereinafter referred to as the “Rules, 1965”). In the said memo of charge dated 17.05.2021, two charges were levelled against the Respondent, firstly that while she was posted as Chief Medical Officer (CMO), NFSG, at the office of the Additional Director, CGHS, Patna, she was found to be a habitual late comer and used to leave the Wellness Centre early, hence by her said act the Respondent has failed to maintain devotion towards duty and has acted in a manner unbecoming of a Government Servant. The second charge levelled against the Respondent was that while she was posted as Chief Medical Officer, NFSG at the office of the Additional Director, CGHS, Patna, she was involved in private practice at Ashadeep Nursing Home, Bhikhna Pahari, Patna, Bihar, hence has thereby committed gross official misconduct as also has contravened the provisions contained in Rule 13 of the Central Health Services Rules, 2014, as such has failed to maintain absolute integrity and devotion towards duty and has acted in a manner unbecoming of a Government Servant.

3. The respondent had then filed a written statement of defence on 29.05.2021 to the memorandum of charge dated 17.05.2021, refuting all the aforesaid charges, whereafter the disciplinary enquiry had started, wherein the respondent had participated and finally the Enquiry Officer submitted his enquiry report dated 28.12.2021, wherein on the basis of the evidence adduced before him during the course of the enquiry, he found the allegations levelled against the Respondent to have not been proved. At this juncture, it would be relevant to reproduce the conclusion part of the inquiry report dated 28.12.2021 herein below:—

“Conclusion: 1. Regarding late coming: The Inquiry Officer held:—

With the available documentary and oral evidence submitted by the Presenting Officer and the Charged Officer, it is evident that no proper records of attendance of doctors were maintained and provided to the Inquiry Committee by the AD, CGHS, Patna. Biometric attendance system was available w.e.f. 01-05-2017, but was not functioning properly. The AD kept the manual attendance register with him and marked P all the doctors and did not enforce proper attendance rules. The fact-finding Committee based their decision of late coming of Dr Vibha Sinha CMO (NFSG), CGHS, Patna, on the basis of compact Log-in time, used to a

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