IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16351 of 2008 BIPIN KUMAR JHA, Son of Sri Kashi Nath Jha, resident of village- Siswar, P.S.-Phulparas, District-Madhubani. At present Health Manager, Primary Health Centre, Khatauna, District-Madhunai. ……….Petitioner. Versus 1. The State of Bihar. 2. The District Magistrate-cum-Chairman, District Health Samiti, Madhubani. 3. The Civil Surgeon-cum-Member Secretary, District Health Committee, Madhubani. 4. District Programme Manager, District Health Samiti, Madhubani. …………Respondents. -------------- 2/ 01.02.2010 Heard counsel for the petitioner and the State. Petitioner was selected for the post of Health Manager for two years on contractual basis. On completion of two years, as per the selection order dated 26.03.2007 contained in Memo No. 385, the post was to be advertised for appointment on contract basis. The appointment/selection order also indicated that persons, who were appointed on contractual basis, they can be removed after giving one month’s notice or in lieu of termination, payment of one month’s honorarium. Petitioner’s grievance is that in violation of terms and conditions of his contract he has been removed, making certain unfounded allegations against him. He was not given any opportunity even to show cause, against the allegations levelled against him. In case such allegations will remain uncontradicted, it will be a stigma for his future career. As submitted by the petitioner’s counsel the representation filed by the petitioner against the order of - 2 - removal dated 05.07.2008 contained in Memo No. 1543, issued under the signature of Civil Surgeon-cum-Member Secretary, District Health Committee, Madhubani as well as District Magistrate-cum-Chairman, District Health Committee, Madhubani, is still pending. This application is disposed of giving direction to the District Magistrate, Madhubani as well as Civil Surgeon, Madhubani to consider and dispose of petitioner’s representation, giving an opportunity of personal hearing to him. The representation of the petitioner must be disposed of within six weeks from the date of production/communication of the order. In case petitioner’s honorarium is due for payment, the respondents will also consider and make payment of such amount to the petitioner. Sanjeet/ (Mridula Mishra, J.)