IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12034 of 2009 GIRIJA DEVI D/o Munni Lal, resident of Mohalla – Kalibagh, P.S. Bettiah Town, District – West Champaran, at present wife of Ambika Prasad R/o Banawa Tola Belgagh, P.S. Bettiah, P.O. Bettiah, District – West Champaran. …… Petitioner. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Bihar, Patna. 2. The Chief Secretary, Government of Bihar, Patna. 3. The Commissioner –cum- Secretary, Department of Health, Government of Bihar, Patna. 4. The District –in-Chief, Health Services, Government of Bihar, Patna. 5. The Regional Deputy Director, Health Services, Tirhut Division, Government of Bihar, Muzaffarpur. 6. The Civil Surgeon –cum- Chief Medical Officer, West Champaran, Bettiah. 7. The Incharge Medical Officer, Primary Health Centre –cum- Referal Hospital, Lauria, West Champaran. 8. The Incharge Medical Officer, Primary Health Centre, Majhaulia, West Champaran. … Respondents. ----------- 02/ 17.11.2009 Heard counsel for the petitioner and counsel appearing for the State. Petitioner was initially appointed by the Civil Surgeon –cum- Chief Medical Officer, West Champaran, Bettiah on a vacant post of Mahila Kakcha Sevika by order dated 28.12.1990. Her case is that she was confirmed on the post, but payment of her salary was stopped by order dated 10.7.1998 and enquiry was conducted to examine the legality of her appointment. But, on completion of enquiry a direction was issued for release of the payment of the salary. Subsequently, by order dated 6.1.2003 a notice was issued to the petitioner for filing show cause, why she should not - 2 - be terminated from her service as it was illegal appointment. Petitioner’s case is that she appeared before the concerned authority, submitted all relevant documents, but by order dated 7.2.2003 the Civil Surgeon –cum- Chief Medical Officer, Bettiah terminated her from the service. The termination order was challenged by the petitioner by filing C.W.J.C. No. 4837 of 2003. Writ application was heard analogous with C.W.J.C. No. 4702 of 2003, by which the termination order was quashed. The State Government preferred L.P.A. against the order passed in the writ application. The L.P.A. in the case of petitioner was disposed of by a common order passed by this Court in L.P.A. No. 946 of 2003 and analogous cases, whereby without quashing the order passed in the writ application, a direction was issued to examine the cases of such employees in the Health Department, whose cases have been disposed of by a common order and their cases should be considered in the light of the Apex Court judgment in the case of State of Karnatka Vs. Uma Devi. A five men committee was constituted by the Department of Health in the light of the direction of this Court and the committee in its enquiry - 3 - report has categorized the appointment of petitioner as illegal appointment and finally by order dated 15.12.2008 without assigning any opportunity to the petitioner to submit her case before the Enquiry Committee, she has been terminated from her service. Similar issues came before this Court, which has been decided by passing an order in C.W.J.C. No. 6575 of 2009 and analogous cases, a finding has been recorded, whereby the enquiry report has been held to be illegal and the findings recorded by the enquiry report completely in violation of rule of natural justice. The termination order issued by the authorities in different individual cases has also been quashed. Case of the petitioner is completely covered by the judgment and order passed in C.W.J.C. No. 6575 of 2009 and analogous cases. Findings recorded in that writ application is equally applicable in the case of the petitioner, as such the enquiry report relating to petitioner’s service and her appointment has been categorized as illegal is quashed and the consequential termination order issued by respondent no. 6 terminating her service by order dated 15.12.2008 is also quashed. - 4 - This application is allowed with a direction to the respondents to reinstate the petitioner on her post with effect from the date of her termination with all consequential benefits. DKS/ (Mridula Mishra, J.)