MAHESH PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ application has been filed for quashing of the order dated 20.11.2006, as contained in Annexure -10, whereby petitioner was directed to give his joining in the office of the Additional Chief Medical Officer, Supaul. A further prayer has been made for quashing of another order dated 20.11.2006, as contained in Annexure -11, by which respondent no. 6 has been directed to continue in the office of Civil Surgeon, Samastipur. A further prayer has been made for a direction to the respondents not to disturb the petitioner who has been adjusted as Steno -Typist in the office of Civil Surgeon, Samastipur.

(2.) FROM the chronology - of facts it appears that the petitioner was earlier working under Post Partum Programme, known as P.P. Programme, sponsored by the Central Government. The said programme was, however, closed with effect from 31.3.2003. Thereafter by letter dated 3.4.2003, as contained in Annexure -1, all the Civil Surgeons -cum -Chief Medical Officers of the State were directed to furnish the details of the incumbents working under them under P.P. Programme for their absorption in the State Government service. It appears that in reply to the same, Civil Surgeon -cum -Chief Medical Officer, Samastipur sent list of the incumbents working under him under P.P. Programme. Petitioner was shown at serial no. 2 in the list and it was stated that he was working on the vacant post on deputation in the office of R.C.H., Samastipur.

(3.) THEREAFTER , by Annexure -7 dated 2.6.2005 respondent no. 6 was transferred and posted in the office of the Civil Surgeon -cum -Chief Medical Officer, Samastipur on the vacant post. The order further mentioned that any posting made by the Civil Surgeon -cum -Chief Medical Officer, Samastipur in his office earlier shall stand cancelled. However, another order of the Director -in - Chief dated 2.1.2006, as contained in Annexure -8 was issued by which posting of respondent no. 6 was cancelled and he was posted in the office of Chief Medical Officer, Gopalganj. It was said in the order that respondent no. 6 had furnished wrong information with regard to vacancy in the office of Civil Surgeon -cum -Chief Medical Officer, Samastipur.