IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6938 of 2005 Praveer Kumar Bhagat, son of Late Harkh Chand Bhagat, village Lahsan Ganj, PS Simraha, District Araria – Petitioner. Vs. (1) The State of Bihar, (2) The Commissioner cum Secretary, Health Department, Bihar, Patna. (3) The Director of Health, Government of Bihar, Patna. (4) The Civil Surgeon cum Chief Medical Officer, Darbhanga. (5) Incharge Medical Officer, Additional Primary Health Centre, Adharpur (Ghanshyampur), Darbhanga – Respondents. 4 21.1.2011 Heard learned counsel for the petitioner and the State. The petitioner has challenged the order of his termination as Health Educator on the ground that he was duly appointed and without assigning any reason the petitioner’s service has been terminated. The ground for termination is that the letter of appointment of the petitioner is forged. A stand has been taken on behalf of the State that memo no. 572, dated 21.4.1994 appointing 40 persons as Health Educator is forged document. Memo no. 572(22) was issued to Sri Ramesh Kumar Singh, Superintendent of Police, Rural, Patna on 4.4.1994. It is further reiterated that in fact there is no letter issued on 21.4.1994. The letter by which the petitioner’s right flows is annexed in the writ petition as Annexure ‘1’ and in the counter affidavit as Annexure ‘A’. This court while examining the contents of the letter called for the records of CWJC Nos. 1442/1992, 4392/1991 and MJC No. 242/1993. The letter by which the petitioner’s services were approved by the appointing authority speaks of these writ 2 petition and the contempt petition and mentions that appointments have been made in the light of the directions issued by this court. CWJC No. 1442/1992 disposed of on 23.10.1992, was filed by Rama Kant Jha, who challenged the order of his punishment. The court has found that the punishment awarded to aforesaid Rama Kant Jha is disproportionate to the charges levelled against him. CWJC No. 4392/1991 deals with the case of lady supervisors who were claiming junior selection grade. The court directed that the petitioner of CWJC No. 4392/1991 should filed a representation before the Secretary of the department for consideration of his case for grant of junior selection grade. MJC No. 242/1993 was disposed of by an order of this court on 30.3.1999. The contempt petition was filed for non-compliance of the order passed in CWJC No. 1412/1992. The writ petition was filed challenging the decision of the State Government, dated 22.10.1991 by which the Bihar State Subordinate Service Selection Board was abolished and the functions were entrusted to the Public Service Commission. The erstwhile Board had issued certain advertisement for filling up certain vacancies. This court while deciding the contempt petition held that no direction can be issued for appointment in pursuance of the impugned advertisement and the various orders passed in the contempt petition directing the State to fill up the vacancies would be deemed to be infructuous in view of the injunction issued by the Supreme court in SLP No. 14753/1996. The contempt petition was accordingly dismissed. 3 As would be apparent from the orders of this court referred to above, the statements made in the letter of appointment referring to implementation of the orders of this court does not cover the case of the petitioner. Counsel for the petitioner, on the other hand, has pointed out before this court that one of the interim orders passed in the contempt petition was for a direction to consider filling up the case of Health Educator. However, that interim order merged with the final order of this court and, therefore, no benefit could have been given to the petitioner on account of any interim direction. In any event it is apparent that the reference to at least two of the cases are absolutely out of context and as such it would prima facie appear that the order contained in Annexure 1 i.e. memo no. 572(22), dated 21.4.1994 is forged one. Apart from this, the State has taken a plea that in fact no such memo was issued in favour of forty persons claiming that they were appointed as Health Educator by the aforesaid notification. Once there is a finding of this court that the order of termination is forged, it is well settled that there is no necessity of asking for a show cause before passing any order of termination. Considering the facts aforesaid this writ petition is dismissed. haque ( Sheema Ali Khan, J.)