RAHUL KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 03.02.2020 passed by the District Magistrate-cum- President, District Health Society, West Champaran, whereby and where-under the contractual service of the petitioner as Hospital Manager, Sub-Divisional Hospital, Bagaha, District West Champaran, Bettiah has been terminated.

(2.) The short facts of the case are that the petitioner was appointed as Hospital Manager on contractual basis by an appointment letter dated 27.06.2011, where-after he was working continuously to the satisfaction of all concerned, however, in the year 2019, a show cause notice dated 25.05.2019 was issued by the office of the Civil Surgeon cum Chief Medical Officer, West Champaran, Bettiah, requiring the petitioner to submit his show cause reply with regard to 12 charges levelled against the petitioner and others, to which the petitioner had replied by filing his reply. It appears that thereafter, nothing had happened in the matter, however, subsequently the officer-on-Special Duty, District Confidential Branch, West Champaran, Bettiah had issued a show cause notice dated 09.07.2019, whereby and where-under the petitioner was directed to submit his reply to 10 charges levelled against him and again the petitioner had submitted his detailed reply, thereafter. Again nothing had happened, however, it appears that the local M.L.A. of the area had visited the hospital in question and had complained of there being no proper arrangement for treatment of patients and moreover, even essential medicines were not found available in the hospital, hence, a show cause notice dated 19.10.2019 was issued to the petitioner by the District Magistrate, West Champaran, Bettiah to which the petitioner had also filed a detailed reply. However, by the impugned order dated 03.02.2020, the District Magistrate-cum- President, District Health Society, West Champaran, Bettiah has terminated the services of the petitioner on the ground that he has been found to be guilty and 11 charges, levelled against him have been found to have been proved.

(3.) The learned counsel for the petitioner has, at the outset, relied upon a judgment reported in [ GRIDCO LIMITED & ANR. V. Sadananda Dolai and Ors. , 2011 15 SCC 16] to submit that the Hon'ble Apex Court has held that even in a case of termination of contractual appointment, a writ Court can examine the validity of the termination order passed by the public authority and is entitled to judicially review the action and determine whether there was any illegality, perversity, unreasonableness, unfairness or irrationality that would vitiate the action, no matter the action is in the realm of contract.