KUMAR BARUN Vs. STATE OF BIHAR

JUDGEMENT

(1.) passed by the Civil Surgeon-cum-Member Secretary, District Health Society, Gopalganj terminating the engagement of the petitioner on contract basis as Block Health Manager, Primary Health Centre, Barauli with effect from the date of the order and the consequential order as contained in Annexure- 1/A, the present writ petition has been filed.

(2.) The District Health Society by advertisement published in February, 2007 invited application(s) for appointment on 10 posts of 2 Block Health Managers on contract basis. Petitioner became one of the applicant(s) and after appearing in the interview held on 12/3/2007 was appointed as such vide letter dtd. 21/3/2007 (Annexure-2) on a consolidated pay of Rs.12,000.00 per month for a period of two years. An agreement between the District Health Society and the petitioner was signed on 18/5/2007 (Annexure-4) wherein it was agreed that such engagement shall be for a period of 02 years and in case during the subsistence of the contract period, his service was not found satisfactory, he could be dis-engaged on one month's notice or payment of salary in lieu thereof. It is claimed by the petitioner that after the agreement was signed, he joined the post and was sent for three days training which he completed successfully. Upon expiry of the initial period of contract, he was again considered and re-newed for one year on the similar condition(s) vide order dtd. 22/5/2009 (Annexure-8). A fresh agreement (Annexure-9) in the same terms was signed between him and the District Health Society. On completion of the contract period, his service was renewed on the same terms for a period of 03 years vide order dtd. 20/5/2010 (Annexure-13). In due discharge of his duties, the petitioner earned encomiums from the authorities. During his last contract period, the respondents issued a show cause notice dtd. 19/8/2010 (Annexure-15) to explain his misconduct committed with the Incharge Medical 3 Officer as also the financial irregularities committed by him in discharge of his duties. He was commanded to submit his explanation within 02 days. No explanation was submitted. The respondents thereafter issued the impugned orders (Annexure-1 and 1/A). Aggrieved thereby, the writ petition has been filed.

(3.) Heard Mr. Rajendra Prasad Singh for the petitioner and Mr. M.K. Pathak, S.C.-7 for the State. A counter affidavit on behalf of respondent no. 5 has been filed. The petitioner filed reply thereto. The respondents filed a further counter affidavit on behalf of the Civil Surgeon, Gopalganj.