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Patna High CourtCWJC/8747/2014allowed

Heeramati Srivastava @ Heermati Devi v. The State Of Bihar And ORS

2017-08-04Mr. Justice Prabhat Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8747 of 2014 =========================================================== Heeramati Srivastava @ Heeramati Devi W/o Ravi Shankar Prasad Resident of village and P.O. Badram, Police Station - Hussainganj, District - Siwan .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Health - cum - Executive Director, State Health Society, Bihar, Patna

2. District Magistrate, Siwan

3. Civil Surgeon - cum - Chief Medical officer, Siwan

4. District Programme Officer, District Health Society, Siwan

5. Team Leader, Asha Resource Centre, State Health Society, Patna

6. Incharge Medical Officer, Primary Health Centre, Hussainganj

7. Health Manager, Primary Health Centre, Hussainganj

8. D.P.M. District Health Society, Siwan

9. D.C.M. District Health Society, Siwan .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Pandey, Adv. For the Respondent/s : Mr. GP22- G.P. OJHA =========================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT Date: 04-08-2017 Heard both sides.

2. The petitioner filed this writ petition for quashing the order dated 01.02.2014, as contained in Memo No. DHS/178/88 (Annexure-10), Siwan by which the petitioner was dismissed from the service of "Asha Karyakarta".

3. Learned counsel for the petitioner submits that the petitioner did not receive any notice and without hearing the petitioner the Civil Surgeon-cum-Member Secretary, District Health Society terminated the service of the petitioner from the post of "Asha

Patna High Court CWJC No.8747 of 2014 dt.04-08-2017 2/3 Karyakarta". It is further submitted that on 01.02.2014 the Civil Surgeon-cum-Member Secretary, District Health Society was under custody in a trap case. The Civil Surgeon was taken into custody on 09.01.2014 and this fact has not been denied by the State in its counter affidavit.

4. The State has stated in para 10 of the counter affidavit that the order dated 01.02.2014 has not been issued by the Civil Surgeon-cum-Member Secretary, District Health Society. In fact, the aforesaid order dated 01.02.2014 is apparently issued by the District Health Society through Secretary and Dr. Sushil was then looking after the work of Civil Surgeon.

5. Having considered the submissions of the parties and on perusal of the facts, it appears that the Civil Surgeon-cum-Member Secretary, District Health Society issued the letter of termination of petitioner on 01.02.2014, as contained in Annexure-10. Admittedly, the Civil Surgeon-cum-Member Secretary, District Health Society, Siwan was taken into custody on 09.01.2014 and on 01.02.2014 he was in custody, but even then he put his signature on the termination letter of the petitioner and no show-cause was asked from the petitioner. Order terminating the service of the petitioner is violative of Principles of Natural Justice and thus bad. Accordingly, the order dated 01.02.2014, as contained in Memo No. DHS/178/88,

Patna High Court CWJC No.8747 of 2014 dt.04-08-2017 3/3 Siwan (annexure-10) is set aside and the writ petition is allowed. The matter is remitted to the Civil Surgeon-cum-Member Secretary, Siwan to pass order afresh in accordance with the law after hearing the petitioner.

(Prabhat Kumar Jha, J.) Vinita/- AFR/NAFR NAFR CAV DATE NA Uploading Date 21.08.2017 Transmission Date NA