-^^~^^~^'.vyJ~L'L-~^^L-^.'^<TL^'.t^'v-v^:^ ^B";?:S?":";';-; c ^ F \'^°^ INTHE fflGH COURT OF JUDICATURE AT BILASPUR CHHATTISGABH WRITPETITION N0. -•- ^'5"^~6 OF 2006 PETITIONER 9^'$A'°>" ..^<^%>/- •^^y^>" e," ....-• ^y '^'^" y' RESPONDENTS QO^ €"@- / - / Dr. Dushyant Khosla S/o H.S. Khosla Aged about 29 years, Medical Officer, Community Health Centre, Ahiwara District - Durg (C.G.) VERSUS -1. State of Chhattisgarh Through Secretary, Public Health and Welfare Department, DKS Bhawan, Raipur, District- Raipin- (C.G.) 2. Director, Health Services Raipur Chhattisgarh 3. Collector, Durg, District - Durg 4. Chief Medical and Health Officer Durg, District - Durg (C.G.) 5. Incharge, Medical Officer, Community Health Centre, Ahiwara District- Durg (C.G.) Dr. Heman Sahu, Incharge, Medical Officer, Community Health Centre, Ahiwara District - Durg (C.G.) _SHUT PETFTION UNDER ARTICLE226/227 OF THE CONSTITUTION OF INDIA XI-HC-22 snr^si^t ^iwsn^; l^qwgltg ^'.: T5; ^ll'ill^'l, afliy')<a, 1^?TOy C.J.T:>..'2_5-5^ siT^i's^mER^ftg 12-5-2006 Mr. Sanjay Patel, counsel Mr. Sushil Dubey, Govt. Heard both the counsel. By this writ petition under the petitioner has questioned leg^ 3-2006 (Annexure P-1) passed has been removed from service. The caseof-the petitionei| Assistant Surgeon by the Collect4r 2005 (Annexure P-2) on contra4t petitioner was perfonning his dut^ Respondent No.6 Dr. Hemant Si Health Cenfre, Ahiwara, is a pol( dispensary at Ahiwara, he along] notice Annexure P-3 tothe petit) cause notice vide Annexure petitioner has been removedfronj illegal, arbitrary and against the Learned counsel for the whereby services offhe petitionet againstthe petitioner. 1 have perused the petition] The petitioner was appointed for] remuneration of Rs.15,( services of the petitioner can bet^ before the expiry of threeyeare t^i •wiferalTWtRS'?t^t'rfsrezR. .•^•siNit siii^; ' llQfthepetitioner. Atjvocatefor theState/respondents No.1 to 5. l^rticle 226/227 of the Constitutlon of India, ility and correctness of the order dated 23- t^y respoodent No.3, whereby the petitioner is that he was appointed on the post of ', Durg, videapppintment order dated 4-6- basis for a period of three years. The 1 sincerely, honestiy and with full dedication. >4hu, In-charge Medteal Officer, Community >l^ically infiuenced person running a private [with respondent No.4 issued show cause joner, the petitioner replied the said show I, and on the ground of animosity, the service. The actionof responctent No.3 is principles of1aw. petitioner submitted that Annexure P-1 , •titionef' have been terminated amounts to stigma ]and the apppintment letterdated 4-6-2005. a fixed period of three years on monthly -. Corjdition No:3 of the appointment letter is that t^rminated by the appointing authority even tbrm with one month's notice or one-month P-14 s^ttled ['t^ ^Ha^ •Sif^wW^^^Sa^SSSsSsSf'!"^' XI-HC-22 Sfit?!^ •feiiqTsn^r ,,^Rt^"^tt^ c~ Soma •^ 's^ •<ii'iid4, »Ti!ffIi'6,'RRirey 3?R?r?^itWHf^r -z' termihation t6 rte beeh saJary in lieu thereof. Similarly, servjce after giving 'one month[ notice. Peru.sal of the Coilector^the appointing authorfty been terminated after g(ving onf Now, the question comes as stigma on the petitioner, It haj petitioner was not appropriate, therefore, his services have 1 do not find anysubstan^ petitioner that this amounts to| against the petitioner is that he | not proper, that is why intermj terminated, and therefore, the consonance with the terms and In the cireumstances, same is liable to be dismisseid admission stage itself. Consequently, M.(W.)P.I] disposedof. qirafepitf iriRif •?'fezt'rfarezR ^? sifig'ti aii^i jthe petitioner was aiso entitled to resign from [s notice or one-monthsalary in lieu of tte order Annexure P-1 issued by the rfty, shows that the petitioner's services have i^-month salary in tieu ofone month's notice. whether the termination prder amounts to i^ been mentioned.that the behaviour of the used to remain absent from the Cffice and terminated. . i<:e in theargument of leamed counsel for the Istigraa m any way, because the allegation lused to remain absent and his conduct was i^ of condition No.3, his services have been (tetitioner's services have been terminated in (»nditionsof the appointment order. not find any substance in this writ petition, and it is accordingjy, dismissed.at the dfc> l|<lo.1813/2006 and I.A.No.4982/2006 stand Sd/- i L.C.Bhadoo ' j Judge [^•^M