LAWS(JHAR)-2002-1-31

UMESH SAHA Vs. STATE OF BIHAR

Decided On January 09, 2002
Umesh Saha Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) 1. Heard the parties.

(2.) IN this writ application the petitioner has prayed for quashing the order dated 10.7.2000 issued by the Civil Surgeon - cum -Chief Medical Officer, Chatra by which the services of the petitioner has been terminated on the basis of direction issued by the Deputy Commissioner, Chatra vide order dated 24.6.2000. Both these orders have been annexed as Annexures 6 and 7 to the writ application.

(3.) THE respondents, in their counter -affidavit, stated inter alia, that the initial appointment of the petitioner itself was illegal inasmuch as the Civil Surgeon does not have the power to make appointment of the petitioner. It is contended that the Commissioner -cum -Secretary, Health Department issued memo in 1999 to all the Commissioners directing them to terminate the services of those persons who were appointed after 1.1.1980. On the basis of the aforesaid order the Deputy Commissioner, Chatra issued order dated 24.6.2000 directing the Civil Surgeon to terminate the services of the petitioner.