DEEPAK KUMAR BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) By filing the Writ Petition the Petitioner has sought for quashing of order under Annexure-6, an order passed by the Chief District Medical Officer, Mayurbhanj for disengaging the Petitioner from contractual service w.e.f. 30.04.2013 on the ground of unprofessional behavior. Petitioner has assailed the impugned order vide Annexure -6 on the grounds as enumerated in para-2 which is reproduced as herein below:--

(2.) Per contra, on notice the Opp. Party No. 4 (Chief District Medical officer, Mayurbhanj) on his appearance, filed a counter affidavit admitting the fact of engagement of the Petitioner as Ayush Homeopathic Doctor at Bhanjakia PHC on contractual basis under N.R.H.M. programme initially for eleven (11) months & renewed from time to time until he was disengaged by the impugned action. It is further contended by the Opp. Party No. 4 based on the hue & cry through, the local paper the C.D.M.O. vide his letter dtd. 25.01.2013 instructed the A.D.M.O. (Public Health) & the A.D.M.O. (Family Welfare) to conduct the joint enquiry in the matter & for submitting a report. Consequent upon, which a report was submitted by the above two officers on 05.02.2013 & their opinion & suggestion in this said report read as follows:

(3.) From the argument of the parties it appears that following hue & cry in the locality as well as in the local newspaper relating to death of Sebati Naik, W/o-Bidesi Naik, an enquiry was directed to be conducted by a Joint Enquiry Board of Assistant District Medical Officer (Family Welfare), Mayurbhanj & Assistant District Medical Officer (P.H), Mayurbhanj. Based on the direction for conducting a joint inquiry a report was thus submitted on 05.02.2013 recording following opinion/suggestion.