IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.10780 OF 2007 1.SUNITA KUMARI, W/O SHRI JAGARNATH YADAV, R/O VILLAGE NONPATTI, POLICE STATION PHULPARAS, DISTRICT MADHUBANI. 2.CHANDESHWAR YADAV, S/O SRI JAGDEO YADAV, R/O VILLAGE BASUWARI, POLICE STATION GHOGHARDIHA, DISTRICT MADHUBANI. 3.BIRENDRA PRASAD YADAV, S/O SRI RAMPHAL YADAV, R/O VILLAGE BASUWARI, POLICE STATION GHOGHARDIHA, DISTRICT MADHUBANI. …………………PETITIONERS. VERSUS 1.THE STATE OF BIHAR THROUGH ITS CHIEF SECRETARY, GOVT. OF BIHAR, OLD SECRETARIATE, BIHAR PATNA. 2.THE SECRETARY, DEPARTMENT OF HEALTH MEDICAL EDUCATION AND FAMILY WELFARE, GOVT. OF BIHAR, PATNA. 3.THE ADDITIONAL SECRETARY, DEPARTMENT OF HEALTH, GOVT. OF BIHAR, PATNA. 4.THE DIRECTOR, HEALTH SERVICES, GOVT. OF BIHAR, PATNA. 5.THE DEPUTY DIRECTOR, HEALTH SERVICES, GOVT. OF BIHAR, PATNA. 6.THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, MADHUBANI. 7.THE INCHARGE, MEDICAL OFFICER, PRIMARY HEALTH CENTRE, GHOGHARDIHA, DISTRICT MADHUBANI. ………………………RESPONDENTS. ----------- 03/ 03.11.2011 Having heard counsel for the parties and taking into account that the petitioners claim to have been continued in service for a period of 15 years before passing of the impugned order of termination of their service and they have also asserted that their appointment was made by the competent Authority after following the prescribed procedure and dispatching the appointment 2 letters dated 31.12.1989, this Court for the time being without interfering with the impugned order of termination of their service dated 06.09.2006, as contained in Annexure-4 to this writ application would give them liberty to produce their original appointment letters before the Director in chief of the health services, Government of Bihar, Patna, who after making necessary inquiry and verification of such appointment letters will go into the aspect as to whether the appointment of the petitioners was made on a vacant sanctioned post by the Competent Authority, after following the prescribed procedure fulfilling the test of Article 14 and 16 of the Constitution of India. If the Director-in-chief, health services would find that the petitioners appointment was legal, valid and justified, he would pass necessary orders for reinstatement of the petitioners back in their service, but in case he would find that the petitioners appointment letter was forged and/or invalid and illegal on account of non-observance of the prescribed procedure of appointment, he would pass a reasoned order while rejecting such claim of 3 the petitioners. This Court has purposely given such inquiry to the Director-in-chief of health services keeping in view that the order of termination of the service of the petitioners was passed by the Civil Surgeon, Madhubani who may have official bias in reiterating his finding recorded in the impugned order for the appointment of the petitioners was based on a forged and fake appointment letter. That being so, if the petitioners would approach the Director-in-chief of health services, Government of Bihar, Patna by filing their separate representation enclosing documentary evidence especially their original appointment letter, the necessary inquiry and resultant final order as indicated above would be passed by the Director-in-chief of health services, Government of Bihar, Patna within a period of six months from the date of filing of such representation. With the aforementioned observation and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J.)