MAHENDRA NARAYAN SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed for quashing the order dated 17.6.2003 passed by the Civil Surgeon-cum-Chief Medical Officer, Begusarai whereby the petitioner's appointment as Clerk has been cancelled with immediate effect.

(2.) Shorn of unnecessary details facts giving rise to the present application are that the petitioner happens to be husband of one Meena who was working as A.N.M. and died on 25.5.1991 while in service. Petitioner filed an application for grant of appointment on compassionate ground. The Civil Surgeon-cum-Chief Medical Officer, Begusarai forwarded the matter to the District Magistrate by its letter dated 29.5.1992, who rejected the proposal for appointment on compassionate ground. Thereafter, the State Government through its Personnel and Administrative Reforms Department came out with a resolution dated 5.10.1991 which made the husband eligible for appointment on compassionate ground on the death of his wife. Taking note of the same the Civil Surgeon-cum-Chief Medical Officer by order dated 29.7.1994 appointed the petitioner to the post of Clerk on compassionate ground. Later on it was found that the proposal for appointment of the petitioner on compassionate ground was rejected earlier still he was appointed, a show cause notice dated 27.11.2002 (Annexure-2) was issued asking the petitioner to file his show cause as to why his service be not terminated. The petitioner submitted his reply and claimed that he has been appointed by the Civil Surgeon-cum-Chief Medical Officer in view of the direction of the State Government as contained in resolution dated 5.10.1991 which, inter alia, provides that in case of death of the wife husband shall also be one of the dependants, who can be given appointment on compassionate ground. The show cause filed by the petitioner was considered and by the impugned order petitioner's service has been terminated with immediate effect.

(3.) There is nothing on the record to show that what procedure was followed before appointing the petitioner on compassionate ground. It is not known as to whether before appointing the petitioner on compassionate ground his case was placed before the District Compassionate Committee.