CHUMBENI LOTHA Vs. STATE OF NAGALAND
LAWS(GAU)-2018-11-139
HIGH COURT OF GAUHATI
Decided on November 01,2018

Chumbeni Lotha Appellant
VERSUS
STATE OF NAGALAND Respondents

JUDGEMENT

A.M.BUJOR BARUA, J. - (1.) Heard Ms. Esther, learned counsel for the petitioner. Also heard Mr. N. Mozhui, learned Standing Counsel for the Vigilance and Anti-Corruption as well as Mr. V. Zhimomi, learned Government Advocate appearing for the State respondents.
(2.) The petitioner was initially appointed as a Female Attendant on an adhoc basis as per the order dated 23.06.2008 of the Principal Director, Health and Family Welfare, Nagaland and was accordingly, posted on the town dispensary at Wokha. Subsequently, by the order dated 21.02.2007, also by the Principal Director, Health and Family Welfare, Nagaland, the service of the petitioner was regularized in the scale of pay of Rs. 2550-55-2660-60-3200 w.e.f. the date of her appointment.
(3.) In the year 2010, a show cause notice bearing No. DHFW-3/l17/MA/WKA/2005 dated 8.10.2010 was issued to as many as 73 number of employees under the Chief Medical Officer, Wokha. The show cause notice indicated that the appointments of the employees named therein were made without there being any sanctioned post. The show cause notice further required the concerned persons to show cause as to why their services should not be cancelled/terminated. The aforesaid matter was referred to the Vigilance Commission for conducting an enquiry. In the process, the scope of the inquiry by the Vigilance Commission was extended to a certain extent and accordingly, 95 employees in the establishment of the Chief Medical Officer, Wokha were required to appear before them for verification of their documents. The inquiry process initiated by the Vigilance Ccmmission resulted in submission of a final report bearing No. RC/2011 dated 04.12.2014. The final report also contained that the appointment letter in respect of the present petitioner was suspected to be forged.;


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