KAMESHWAR PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Ganesh Prasad Singh, learned senior counsel for the petitioner and Mr. Jawahardhari Singh, learned Government Pleader No. 1 for the State.

(2.) THIS writ petition is directed against the order as contained in Annexure -11 vide Memo No. 1851 dated 8.3.2003 whereby and whereunder the services of the petitioner have been terminated holding that his appointment was not valid.

(3.) IN the meantime, a show cause notice was issued to the petitioner by the Civil Surgeon -cum - Chief Medical Officer, Patna vide notice as contained in Annexure -8 asking him to explain about his appointment failing which his services would be terminated. Pursuant to the show cause notice, the petitioner filed his explanation as contained in Annexure -9 dated 22.2.2003. The authorities not being satisfied with the explanation submitted by the petitioner, called for a report from the Civil Surgeon, Hazaribagh about appointment of the petitioner and the Civil Surgeon, Hazaribagh in his turn sent his report as contained in Annexure -10 stating therein that appointment of the petitioner was found to be genuine. The authorities, however, at the face of the explanation filed by the petitioner and report submitted by the Civil Surgeon, Hazaribagh passed the order impugned terminating the services of the petitioner.