Pramath Patnaik, J. - (1.) In the instant writ application, the petitioner inter alia prayed for issuance of writ of certiorari for quashing the order dated 30.07.2009 (Annexure-11/1) issued under the signature of the Director-in Chief, Health Services, Jharkhand, by which services of the petitioner been terminated and also for direction to the respondents to reinstate him in service with back wages including consequential benefits.
(2.) Sans details, the facts, as been delineated in the writ application in a nutshell, is that, the petitioner was appointed as Vaccinator in the Health Department, Dumka in the year 1981 and vide order dated 21.03.1984 issued under the signature of Regional Deputy Director, Health Service, Bhagalpur Division, the petitioner was absorbed as Basic Health Worker with effect from the date of his original appointment. The Regional Deputy Director, Health Service, Bhagalpur Division, vide memo dated 30.03.1984 made some correction in his earlier order dated 21.03.1984 regarding the post of the petitioner. A show cause notice was issued to the petitioner on 03.10.1994 by the Civil Surgeon-cum-Chief Medical Officer, Deoghar regarding change of post i.e. Vaccinator to Computer. The petitioner filed a detailed show cause reply but being dissatisfied with the same, the Chief Medical Officer, Deoghar stopped the salary of the petitioner. The Regional Deputy Director, Health services, Santhal Pargana Division, Dumka vide letter dated 23.09.1996 directed the Chief Medical Officer, Deoghar to pay the salary to the petitioner. Thereafter, the petitioner was continuously discharging his duty to the satisfaction of all superiors, but, suddenly he received a copy of Memo No. 308 dated 26.08.2002, issued under the signature of the In-Charge Medical Officer, Primary Health Centre, Karon, informing him that his salary w.e.f. August 2002 will be kept in abeyance, as he not submitted his original appointment letter. The petitioner immediately submitted his appointment letter before the In-Charge Medical Officer, Primary Health Centre, Karon, but his payment was not released. When the salary of the petitioner was not paid, he along with one Ajit Kumar Ministry filed a writ petition being W.P.(S) No. 3186/2003 assailing the order contained in Memo No. 308 dated 26.08.2002 for payment of arrears of salary before this Court. In W.P. (S) No. 3186/2003, a direction had been given to the authority concerned to conduct an enquiry with respect to legality and propriety of the petitioner's appointment and in the mean time, pay salary to the petitioner including the back wages. When the order passed in W.P.(S) No. 3186/2003 was not complied with, a contempt case had also been filed, wherein this Hon'ble Court vide order dated 22.05.2009 by passing an order stopped the payment of In-charge Medical Officer, Primary Health Centre, Karon, Deoghar. During pendency of the contempt case, the enquiry report was submitted, wherein it was found that the petitioner had been illegally appointed. Thereafter, the impugned order been passed terminating the petitioner from services.
(3.) Learned counsel for the petitioner submitted that when this Court had directed to conduct a thorough enquiry and conclude the same within three months after providing an opportunity of hearing to the petitioner in course of enquiry, merely on the basis of a show cause notice, the petitioner was removed from service. Learned counsel further submitted that while passing the impugned order, certain allegation of misconduct also been made. Hence, before passing the impugned order, it was necessary to initiate a regular departmental proceeding, as been intended in the earlier order passed by this Court in W.P.(S) No. 3186/2003. However, since the petitioner was discharging his duty since 1981, merely on the basis of a show cause notice and without providing adequate and sufficient opportunity of hearing, he could not have been removed from service. Thus, the impugned order of termination been passed in breach of the principle of natural justice.;