IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.420 of 2010 1. SUDHIR KUMAR S/O SURAYDEV PRASAD R/O VILL. HATHILA, P.O. + P.S. KARAYPARSURAY, DISTT. NALANDA Versus 1. THE STATE OF BIHAR 2. THE SECRETARY HEALTH DEPARTMENT, BIHAR, PATNA 3. THE DIRECTOR IN CHIEF HEALTH SERVICES, BIHAR, PATNA 4. THE REGIONAL DY. DIRECTOR HEALTH SERVICES, DIVISION PATNA 5. THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER NALANDA AT BIHAR SHARIF 6. INCHARGE, MEDICAL OFFICE P.H.C. NOOR SARAI, NALANDA ----------- 02/ 12.05.2010 Heard counsel for the petitioner and counsel appearing for the State. Petitioner’s prayer is for setting aside the report dated 28.6.2007 submitted by the 5 Men Committee under the Chairmanship of Dr. Manoranjan Chaturvedi in the light of the judgment and order passed in L.P.A. No. 946 of 2003 and analogous cases. Further prayer is for a direction to the respondents to consider his case for reinstatement as he has discharged his duty with since more than 20 years as he fulfills all requisite criteria for a regular employee. The case of the petitioner is that the petitioner was appointed by the Civil Surgeon –cum- Chief Medical Officer, Nalanda on the post of Clerk in the office of Incharge Medical Officer, P.H.C., Noorsarai, Nalanda vide letter contained in Memo No. 2796 dated 6.10.1989. The - 2 - petitioner joined at the place of his posting and continued to discharge his duties. In the year, 1990 the petitioner also applied for his promotion to the higher post considering his qualification and eligibility. However, since he was not being paid his salary, the petitioner filed CWJC No. 8899 of 1991 for a direction to the respondents to make payment of salary due since 6.10.1989 to 12.12.1991. The writ application was disposed of by order dated 31.1.1992 giving liberty to the petitioner to file representation before Respondent no. 7 and Respondent no. 7 was directed to dispose of the representation of the petitioner in accordance with law. Further it was directed that if it is found any salary due to the petitioner it shall be paid to him within one month from the date of disposal of the representation. During the pendency of the writ application vide order contained in Memo No. 3289 dated 13.12.1991 the petitioner was terminated from his service by order of the Civil Surgeon. As disclosed in the writ application the termination order was never challenged by the petitioner. Simply it is submitted that a representation was filed by him, that remained undisposed. - 3 - Counter affidavit has been filed on behalf of the State, where it is stated that the petitioner was appointed in the light of a direction issued by the Higher Authority to the Civil Surgeon –cum- Chief Medical Officer, Nalanda. Subsequently it was found that the letters of the Higher Authorities on the basis of which the appointment of the petitioner was done, itself was forged, as a result of which the termination order was passed against the petitioner on 13.12.1991. The period for which petitioner has worked, he was paid salary in the light of order dated 31.1.1992 passed in CWJC No. 8899 of 1991. I fail to understand why the petitioner has prayed for quashing of the 5 Men Committee’s report as the petitioner had never challenged his termination order by filing writ application. He was not the petitioner in any of the writ application, which was disposed of analogous with L.P.A. No. 946 of 2003. There is nothing to show that case of the petitioner was considered by the 5 Men Committee and it was found to be forged. The petitioner was terminated from his service on the ground that his appointment was made on the basis of letter which was found to be forged. - 4 - The termination order was issued in the year, 1991, which remained unchallenged for more than 19 years. After such a long delay the claim of the petitioner cannot be considered. This application is dismissed being time barred. DKS/ (Mridula Mishra, J.)