JAGANNATH JHA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) The petitioner has moved the Court for the following releifs:

(3.) By various orders, the Court had called upon the authorities to file affidavits with regard to genuineness of the appointment of the petitioner and the documents on the basis of which he claims to have been appointed. Various affidavits have been filed on behalf of the authorities which goes to show that right from the year 2003 and even in the present, there is no record available, either at the State Headquarter level or in the office of the Civil Surgeon-cum-Chief Medical Officer, Darbhanga and Saharsa relating to any communication order or appointment of the petitioner. Another point taken by the State authorities was that the Civil Surgeon-cum-Chief Medical Officer was not the Competent Authority to make appointment. On such stand, learned counsel for the petitioner submitted that prior to 2001, there was no requirement of any permission as the Civil Surgeon-cum-Chief Medical Officer himself was the appointing authority on a post on which the petitioner had been appointed.