IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11185 of 2001 NILAM KUMARI, D/O SHRI BRAHMDEO PRASAD, W/O SALENDRA KUMAR, R/O VILLAGE-SHAIRAPAR, P.O.- BHADRU, P.S.-CHANDI, DISTRICT-NALANDA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE SECRETARY, HEALTH DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, NALANDA. 4. THE ADDITIONAL CHIEF MEDICAL OFFICER, NALANDA. 5. THE INCHARGE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, ASTHAWAN, DISTRICT-NALANDA. ………………RESPONDENTS. ------------ For the petitioner : Mr. Devendra Kumar Sinha, Sr. Adv. And Mr. Kumar Alok, Adv. For the State : Mr. Nirmal Kumar Sinha, Adv. ----------- 8 01.12.2009 Heard learned senior counsel for the petitioner and learned counsel for the State. Petitioner has filed this writ application for quashing of an order of the Civil Surgeon, Nalanda dated 25.7.2001 annexed as Annexure-7. After submission of the enquiry report, petitioner was given show cause notice to which she replied. Thereafter again second show cause was given to which also she filed reply. However, to clarify the position, some records were called for with regard to the admission of the petitioner in A.N.M. School, Palamu to 2 ascertain as to whether her admission in the school was under the scheduled caste quota as belonging to Pasi caste or not. A special messenger was deputed, who brought the records and made available to the Civil Surgeon, Nalanda on 25.7.2001. After perusing the same, the Civil Surgeon came to the conclusion that the petitioner had obtained her appointment in the school on forged caste certificate as belonging to Pasi caste. Therefore, on the very same day the impugned order was passed terminating her services. Learned senior counsel for the petitioner submits that the documents and registers which became available to the Civil Surgeon, Nalanda on 25.7.2001, were never shown to the petitioner and no explanation was asked from him in that respect before coming to the conclusion on the same very day that he had obtained the appointment on forged caste certificate. Therefore, at this stage, at least, on the face of it there has been a denial of Principles of Natural Justice. The impugned order does make it apparent that the Civil Surgeon passed the impugned order on the same very day on which the 3 records were received by him. Obviously, petitioner was not asked to submit explanation in respect of the same. This Court is of the view that the petitioner should be given an opportunity to explain her conduct in reference to the records which were received in the office of the Civil Surgeon, Nalanda on 25.7.2001. Photocopies of the certificates and the admission register have been annexed with the counter affidavit. However, petitioner is entitled to peruse the original records received in the office. In the circumstances, this Court disposes of the writ application with liberty to the petitioner to present herself in the office of the Civil Surgeon, Nalanda within one month from today and submit a formal application for perusal of the records available in the office in respect of her appointment in the A.N.M. School, Palamu. Upon submission of her application the available records which the Civil Surgeon, Nalanda, has relied upon in his impugned order, and which he proposes to consider further, shall be shown to the petitioner in the office itself in presence of some responsible officer/employee of the office. 4 After perusal of the same petitioner will be entitled to file a fresh show cause reply/explanation within fifteen days from the date of perusal of the records. On receipt of such show cause reply/explanation the Civil Surgeon, Nalanda shall consider the same in reference to the records available to him and shall pass fresh speaking orders, dealing with the explanation of the petitioner in the matter, within six weeks of submission of the said show cause reply/explanation by the petitioner. For these three months or till the fresh speaking orders are passed by the Civil Surgeon, Nalanda whichever is earlier, the impugned order (Anneuxre-7) shall remain in abeyance. In case the orders are passed in favour of the petitioner, she will be entitled to her full salary with all consequential benefits. It is made clear that if the Civil Surgeon does not pass a fresh order in the matter within the aforesaid period, it will be presumed that he has rescinded the impugned order (Anneuxre-7). However, in case petitioner does not co-operate in the matter causing delay in consideration by the Civil Surgeon, the impugned order (Anneuxre-7) shall be deemed to 5 have been revived and shall become operative. The writ application is, thus, disposed of with the aforesaid observations and directions. Let a copy of this order be served in the office of A.A.G.-II. Arvind/ ( J. N. Singh, J.)