BINOD KUMAR MISHRA AGED ABOUT 52 YEARS, S/O SHRI KHEDRA MISHRA AT PRESNET WORKING AS A HEALTH EDUCATOR IN THE PRIMARY HEALTH CENTRE, PAHSARA, P. SN AWKOTHI, DISTRICT BEGUSARAI AND PERMANENT ADDRESS IS VILLAGE Vs. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR PATNA

JUDGEMENT

(1.) Heard Mr. Rajendra Prasad Singh, learned senior counsel appearing for the petitioner and Mr. Prabhat Kumar Verma, learned Additional Advocate General No.3 for the State.

(2.) This writ petition has been filed praying for quashing of the order dated 6.11.2013 passed by the Civil Surgeon -cum- Chief Medical Officer, Begusarai, whereby the petitioner has been dismissed from service. A copy of the order is impugned at Annexure-1 to the writ petition.

(3.) Facts of the case briefly stated is that the petitioner was appointed as a Health Educator at Primary Health Centre, Lokaha in the district of Madhubani vide Memo No.2326 dated 26.9.1989, a copy of which is placed at Annexure-2. Vide order bearing Memo No.2628 dated 27.11.1989 of the Civil Surgeon-cum-Chief Medical Officer, Madhubani the petitioner was posted at Additional Primary Health Centre, Osi (Bisfi) in the district of Madhubani. The petitioner applied for transfer to Begusarai vide Annexure-4 on 20.7.1990 which was accepted and under the orders of the Regional Deputy Director, Health Services, Darbhanga Division, Darbhanga bearing Memo No.481 dated 26.7.1990 the petitioner was posted under the Civil Surgeon-cum-Chief Medical Officer, Begusarai. A copy of the order is enclosed at Annexure-5. While the petitioner was continuing on his post at Begusarai under the Civil Surgeon-cum-Chief Medical Officer, Begusarai that an FIR was instituted giving rise to Nawkothi P.S. Case No.3 of 1999 registered for the offences punishable under sections 467, 468, 471 and 420 of the Indian Penal Code. The allegation against the petitioner is that his appointment was forged and fabricated because the post of Health Educator was supervisory cadre post and the Civil Surgeon-cum-Chief Medical Officer had no jurisdiction to make such appointment. After investigation into the allegation the police submitted final form on 31.7.1999 present at Annexure-12 series which has been accepted by the learned Chief Judicial Magistrate, Begusarai vide order passed on 7.3.2009, a copy of which is present at running page 46 of the proceeding. According to the petitioner, the dispute raised having been put to rest, all arrears towards salary and other dues were paid to the petitioner.