Dr. Hari Narayan Mandal vs The State of Bihar and Others

We heard the counsel for the parties. The counsel for the appellant relies upon Rule 55-A of the Civil Services (Classification, Control and Appeal) Rules, 1930 (hereinafter referred to as ''the Rules'') and a decision of this Court in the case of Bhageshwar Jha Vs. State of Bihar and Others, in support of his contention that there was breach of Rule 55-A as no notice was given to the appellant as to why minor punishment should not be awarded to him.

We closely examined Annexure-5 (show-cause notice dated 31.10.2001) and also perused Rule 55-A of the Rules and the decision of this court in the case of Bageshwar Jha. Although it has not been stated in the show cause notice in so many words as to why minor punishment should not be awarded to him for the unauthorized absence, the substance of the notice reflects the lapse on the part of the appellant who was working as Medical Officer i.e., his unauthorized absence and the initiation of disciplinary action against him for the lapse. In substance, in our considered view, the show-cause notice meets the requirement of Rule 55-A of the Rules.

The consideration of the matter by the Single Judge, thus, does not call for any interference. L.P.A. is dismissed in limine.