RHANLAMO LOTHE AND OTHERS Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Both the writ petitions having common cause of action and the relief sought for being similar are disposed of by this common judgment.

(2.) The petitioners in both the writ petitions were appointed between the years 2003-2008 to various posts under the establishment of the Chief Medical Wokha and Mon districts, Department of Health and Family Welfare, Government of Nagaland. When the petitioners were continuing as such in their respective post, the Directorate of Vigilance and Anti-Corruption Police/respondent No.3 was called upon to enquire into the appointments made under the Health and Family Welfare Department on the allegation that the same w ere made without sanctioned post and appointments made with the forged signatures of the appointing authority. In the year 2010, show cause notices dated 8.9.2010 were issued to as many as 73 employees under the establishment of the Chief Medical Officer, Wokha. The show cause notice were also served on some of the petitioners and as per the said show cause notice, the appointments w ere alleged to have been made without sanctioned post. The said show cause notice were issued to the petitioner Nos. 1, 3, 5 and 7 in W.P.(C) No. 157(K)/2015 and the rest of the petitioners herein were not served with the said show cause notice. The petitioners who received the show cause notice dated 8.9.2010 submitted their replies to the same.

(3.) The respondent No.3 in the process of investigation into the matter wrote a letter dated 14.10.2011 addressed to the Chief Medical Officer, Wokha Nagaland requesting to furnish the original appointment order copies of 19 staffs who were appointed and posted under the establishment of Chief Medical Officer, Wokha with forged signatures of the appointing authority. Amongst the said list, all the names of the petitioners in W.P. (C) No. 157(K)/2015 were included. In response to the letter dated 14.10.2011, the Chief Medical Officer, Wokha by letter dated 3.11.2011 wrote back by submitting the appointment orders in original for 19 staffs who were appointed and posted under the Chief Medical Officer, Wokha. From amongst the said list, the names of the petitioners appears from SI. No. 1 to 8 therein.