KARUNA JHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By the Court-In this writ petition, the petitioner has prayed for quashing the order contained in Memo No. 5105 dated 18.8.2006 (Annexure-10) issued by the Director. Rajendra Institute of Medical Sciences (R.I.M.S). Ranchi whereby the petitioner's services have been terminated. The petitioner has also prayed for payment of arrears of salary of the period before her termination i.e. from June 2005 to 6.10.2005.

(2.) Grievance of the petitioner is that the petitioner has been removed on the allegation of her long absence, but no such charge was framed and served on her.There was no enquiry of the said charge and no opportunity of defending herself was given to her. Further, the impugned order has been issued by the Director, R.I.M.S. who has no authority to terminate the services of the petitioner. The impugned order is, thus, wholly illegal, arbitrary and without jurisdiction.

(3.) A counter-affidavit has been filed by the respondents opposing the writ petition. It has been stated, inter alia, that the petitioner was not following the terms and conditions of services. The private practice is barred according to the terms of the R.I.M.S, but she did not submit certificate that she is not practising. On enquiry it was found that she has been practising privately in Bharati Nursing Home. She had taken the ground of illness for her absence, but she did not satisfy the respondents by producing any document in support thereof.