SURAJMAL PRASAD Vs. STATE OF BIHAR

JUDGEMENT

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

(2.) IT is submitted that the petitioner was appointed as Health Servant cum Sweeper by the Civil Surgeon -cum -Chief Medical Officer on 2.4.1980. On record is the lotter of appointment of the petitioner at Annexure -1. He was transferred from one place to another and was granted promotion as Family Welfare Worker in 1987. After he has discharged duty for about 22 years, a show cause notice was issued to him on 23.3.2002 by the Appointing Authority itself that his appointment letter had been found forged and fabricated. It is apparent from the show cause notice that the Respondents acted in formal compliance of the principle of natural justice after having already made up their mind ex parte that the appointment was illegal. The petitioner submitted his reply that his appointment was in accordance with law. On 16.4.2002 followed his order of termination. The submission is that while the impugned order refers to an examination by a Committee, the petitioner was never asked to appear before the Committee and neither was he given an opportunity to explain the same before the Committee. He, thus, came to this Court in CWJC No. 8467 of 2002 which came to be allowed by a common order reported in 2003(4) PLJR 282. In so far as the issues of appointment of persons like the petitioner were concerned, even while setting aside the order, this Court granted liberty to the Respondents to hold an enquiry into the matter and proceed in accordance with law.

(3.) THIS Court while granting liberty to the Respondents to hold enquiry, at paragraph 12 of the judgment observed as follows: