PANDEY ANILESHWARI PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN these writ applications common issues, grounded on almost the similar facts, are involved and the writ petitioners are aggrieved by a common order. The said writ applications are, thus, being disposed of by this common order.

(2.) THE petitioners in their respective writ applications have prayed for quashing of the part of the order bearing Memo No. 257, dated 16.3.2005 concerning them whereby the petitioners ' salary has been withheld coupled with the direction not to take work from them.

(3.) IN W.P. (S) No. 1561 of 2005, the petitioner was appointed by order dated 10.7.1982 issued by the civil Surgeon -cum -Chief Medical Officer, Hazaribagh against a sanctioned vacant post of Non -Medical Assistant. After completion of more than three years, the services the petitioner was confirmed by order dated 4.9.1994. In the year, 1985 an inquiry was initiated alleging the appointment of the petitioner as irregular and in violation of the procedure. During the aforesaid inquiry, salary of the petitioner along with others were stopped, but subsequently, after inquiry regarding the validity/irregularity of the appointment, the payment of salary was resumed. The petitioner has been regularly discharging his duties with all sincerity and diligence. He also, passed Hindi Noting and Drafting Examination on 10.8.1986. He also completed his training for Non -Medical Assistant in the year, 1988. The petitioner was given first time bound promotion with effect from 11.7.1992. The petitioner has been also given benefit of A.C.P. A show -cause notice was issued by Memo No. 132, dated 15.3.2001 (Annexure -7) by the Civil Surgeon -cum -Chief Medical Officer, Koderma. It was alleged that as per the order of the Chief Secretary dated 19.6.1999, the Divisional Commissioner was empowered to prescribe inquiry procedure to find out irregularity in the appointments in the Health Department. The Deputy Commissioner, Koderma then constituted an Inquiry Committee in 2000 and the committee completed the inquiry and submitted its report. In the report, the appointment of the petitioner and others are allegedly forged and illegal.