IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13029 of 2006 MUKESH KUMAR, S/O SRI KISHUN MAHTO, R/O VILLAGE KAMALPUR, P.S. WARSALIGANJ, DISTRICT NAWADA. .............PETITIONER. Versus 1.THE STATE OF BIHAR. 2.THE CHIEF SECRETARY, GOVERNMENT OF BIHAR,PATNA. 3.THE COMMISSIONER CUM SECRETARY, DEPARTMENT OF HEALTH, GOVERNMENT OF BIHAR, PATNA. 4.THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, AURANGABAD. .............RESPONDENTS. ----------- 02/ 04.07.2011 Having heard counsel for the parties and taking into account that in the absence of the counter affidavit on behalf of the State controverting the specific assertion of the petitioner that the order of termination of service of the petitioner after his being allowed to continue in service for more than 12 years was passed in violation of the principles of natural justice and the impugned order as contained in Annexure-4 terminating the services of the petitioner on the ground of his appointment being forged/fake appears to have been passed without affording opportunity to the petitioner, this Court is of the considered opinion that the petitioner deserves to be 2 heard by the competent Authority namely the Civil Surgeon cum Chief Medical Officer, Aurangabad. This court therefore, while quashing the impugned order dated 11.01.2002 contained in Annexure-4 would remit the matter back to the Civil Surgeon, Aurangabad who would now afford the opportunity of hearing to the petitioner and as the solitary ground for terminating the services of the petitioner is based on his appointment being forged/fabricated, this Court would direct the petitioner to appear in person before the Civil Surgeon on 1st August, 2011 with his original order of letter of appointment as also original order of his order of transfer on the basis of which he claims to be continuing in service for the last 12 years before termination of his services. The Civil Surgeon, Aurangabad will thereafter make verification of those appointment letters from the concerned issuing Authority and/or other sources and if those documents are found to be genuine, he would be required to pass a fresh order in the light of the other 3 findings recorded in the letter of the Collector of Aurangabad district dated 07.01.2002 as referred in Annexure-4. If however the original appointment letter or transfer order filed by the petitioner is itself found to be forged/fake, the Civil Surgeon would not only reject the representation of the petitioner by a passing reasoned order but would also direct for institution of a First Information Report against the petitioner for producing such forged /fake letter of his appointment/transfer. As the petitioner has moved this Court after more than four years of passing of the impugned order dated 11.1.2002 by filing this writ application on 31.10.2006, this Court for the time being given after quashing the impugned order would not pass any order for reinstatement of the petitioner and/or payment of back wages to him till the fresh exercise by the Civil Surgeon of Aurangabad district in the manner indicated above is completed. The Civil Surgeon, Aurangabad, however, must ensure that the 4 whole exercise must be completed within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observations and direction, this application is disposed of. Ranjan (Mihir Kumar Jha, J)