IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18555 of 2009 1. SMT. RANJU KUMARI W/O SRI SATRUGHANA KUMAR SUDHANSHU R/O VILL.- ARMAL, P.O.- SIMAHARI, DISTT.- PATNA Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER DEPARTMENT OF HEALTH, MEDICAL EDUCATION AND FAMILY WELFARE, GOVERNMENT OF BIHAR, PATNA 2. THE ADDITIONAL SECRETARY DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA 3. THE DIRECTOR HEALTH SERVICES, GOVERNMENT OF BIHAR, PATNA 4. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER KATIHAR 5. THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE KADWA, DISTT.- KATIHAR ----------- 02/ 28.04.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for quashing of the order dated 5.8.2003 contained in Memo No. 2090 issued by the Civil Surgeon –cum- Chief Medical Officer, Katihar terminating the petitioner from the post of ANM on the ground that she got her appointment on the basis of forged certificate and mark-sheet. The termination order was earlier challenged by the petitioner in CWJC No. 12290 of 2003, which was dismissed for want of prosecution vide order dated 2.4.2004. The petitioner thereafter never filed any restoration application. For the first time in the year, 2009, after five years, she has filed present writ application for quashing of the same order. No satisfactory reason has been - 2 - shown by the petitioner for not filing any restoration application within reasonable time. Otherwise also, I find that the appointment of the petitioner on the post of ANM was a conditional appointment subject to the enquiry and verification. She was appointed in 2001. The essential verification of the documents was made thereafter and it was found to be forged. Immediately thereafter the petitioner was informed that on account of her appointment on the basis of forged documents, she is being terminated. Counsel for the petitioner submits that no notice was issued before issuance of the termination order. Considering the nature of the petitioner’s appointment, I find that there was no any reason for issuance of notice before verification of the document as it was a condition precedent for confirmation of her appointment. This application is dismissed. DKS/ (Mridula Mishra, J.)