ARTI CHOUDHARI Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER was appointed on the post of Medical Officer on contract basis in the Public Health and Family Welfare Department of the State Government. Pursuant to her appointment she joined the service w. e. f. 5-12-2005 vide annexure P-2 at Primary Health Centre, Bhorasa, Block Sonkutch, District dewas. As the petitioner was not keeping good health, she submitted an application on 27-11-2007 (Annexure P-3) seeking leave on medical ground. Another application for extension of leave was submitted by her on 8-12-2007 (Annexure P-4 ). However, the Chief Medical and Health Officer, Dewas vide impugned order dated 7-1-2008 (Annexure P-l) terminated the petitioner's service on the ground that she remained unauthorisedly absent since 28-11 -2007 and did not comply with the conditions of her contract appointment.

(2.) FEELING aggrieved by the aforesaid termination order dated 7-1-2008 (Annexure P-l) the petitioner has filed this petition under Articles 226 and 227 of the Constitution of India.

(3.) THE case of the petitioner is that she was appointed under M. P. Lok swasthya Evam Parivar Kalyan Chikitsa Samvida Sewa (Niyukti Tatha Sewa Ki sharten) Niyam, 2002 (in short, 'the Rules' ). As per the Schedule attached to the rules, the Appointing Authority for the post of Medical Officer on contract basis, is the Commissioner, Health Services, M. P. , Bhopal. She stated that her service could not have been terminated by the fourth respondent, Chief Medical and Health Officer, Dewas, being an officer much below in the rank of her appointing Authority, Commissioner, Health Services, M. P. , Bhopal. Thus, according to her the order of termination of her service is violative of Article 311 of the Constitution of India and as such is liable to be quashed. She also alleged that the impugned termination order was issued on the ground that she was absent from duty unauthorisedly. This allegation according to her is factually incorrect and the fourth respondent without issuing any show- cause notice and holding any Departmental Enquiry could not have issued such an order terminating her services.