SMT. RANJU KUMARI, WIFE OF SHRI SUSHIL KR. PRADIP, RESIDENT OF VILLAGE GOMIA, P.O. & P.S. GOMIA, DISTRICT BOKARO, JHARKHAND Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application, the petitioner has inter alia prayed for quashing the order dated 19.04.2014 (Annexure-19 to the writ application) issued by the Civil Surgeon-cum-Chief Medical Officer, Bokaro (respondent no.4) whereby petitioner has been removed from services and the petitioner further prayed for direction upon the respondent more particularly respondent no.4 to reinstate the petitioner in service with all consequential benefits.

(2.) The facts, as disclosed in the writ application, is that in pursuance to advertisement dated 10.10.2009, published for the post of Laboratory Technician, National Para Medical, the petitioner applied for the same and was selected along with others. In pursuance to the selection, the respondent no.4 issued appointment letter to the petitioner on 06.04.2010 vide Annexure-3 to the writ application. As per joining on the said post, the petitioner continued her duties to the utmost satisfaction of the superior authorities. During continuance of service, a show cause notice was issued to the petitioner by the respondent no.7 on 17.06.2011 and in pursuance to the show cause notice the petitioner submitted her reply. Earlier the petitioner had filed a writ application being W.P.(S) No.41 of 2014 and the same was disposed of by this Court vide order dated 18.02.2014 with direction to the respondent no.3, Civil Surgeon-cum-Chief Medical Officer, Bokaro to take a decision in the matter upon receipt of a copy of the order along with representation of the petitioner within a reasonable time preferably 10 weeks thereafter. The impugned order dated 19.04.2014 has been passed by the respondent authorities whereby the services of the petitioner has been terminated. Being aggrieved and dissatisfied by the impugned order dated 19.04.2014, the writ petition has been filed by the petitioner invoking extraordinary jurisdiction by this Court under Art. 226 of the Constitution of India for redressal of the grievances.

(3.) Per contra, a counter affidavit has been filed by the respondents controverting the averments made in the writ application. It has been submitted in the counter affidavit that the petitioner was appointed as Lab Technician on contractual basis and the petitioner joined in APHC, Kanjikiro and she has been working on forged certificate of Indian Institute of Medical Technology registered under Society Registration Act. Upon verification of Technical certificate of the petitioner issued by Indian Institute of Technology, it has been found that the certificate of the petitioner is forged one and the Registration No.132/2001 was issued in the name of Mahila Samagik Sewa Samitee. It has further been submitted that during verification of the documents, the petitioner who was appointed on contractual basis along with five more persons submitted the certificate from Institute of Medical Technology, the Civil Surgeon-cum-Chief Medical Officer sent the proposal of termination of similarly situated Para Medical Staffs to Deputy Commissioner-cum-Chairman, RCH, Bokaro vide memo dated 20.01.2015 vide Annexure-C to the counter affidavit. It has further been submitted that in pursuance to direction of this Court dated 18.02.2014 passed in W.P.(S) No.41/2014 the Civil Surgeon-cum-Chief Medical Officer, Bokaro passed the reasoned order dated 19.04.2014.