^~ (^\^i S.B. (Service Matterl IN THE HONBLE HIGH COURT OF CHHATTISGARH AT BILASPUR fCHHATTISGARH) WRIT PETITION(S) N0.^o /2011. PETITIONER: ^ Raj KumarJha, son ofShri Sukchand Jha, aged about 39 years, posted as M.P.W. Male at Govt.Medical College, Maharani Hospital Jagdalpur, District Bastar, Chhattisgarh. versus ^'.fe' Respondents A^MS- .^^> ^•<^.x ^•'l^^. ^ €i^' .<*' ^^y .f^ ^' ^ ^MM^ ^--^ f ^ (SX ,.i^' 1. State of Chhattisgarh, through Secretary, Health and Family WeUare Department, Dau Kalyan Singh Bhawan, Raipur, Chhattisgarh. 2. Director Medical Education, Raipur, Chhattisgarh. 3. Director, Health Services, Sanchnalaya, Raipur, Chhattisgarh. ^ Joint Director cum Superintendent, Govt. Medical College, Maharani Hospital, Jagdalpur, Chhattisgarh. 5. ChiefMedical and Health Officer, District Jagdalpur, Chhattisgarh. WRIT PETITION UNDER ARTICLE 226 OF THE CQNSTITUTION OF INDIA 3^1'^T ^ich 3TI^T 5t)^ich <if^a >\ -^c[ ^i<41d<LI, ^Tl1^4i<o, f®l^l^^< ,S1T^T ^ra? V^ ^. {^) '^ Z^2^ )*W1 ^ 7""^ 200 NI*<Cf[T 9b^ich •^^s" 3^T^T ^PiT^R'^f^T SB : Hon'ble Shri IVianindra Mohdn Shrivastava. J. attaofied 11-05-2011 ShriQ J. K Rao, counset fo< Shri Sushil Dubey, Governm| With the consent of learnedl heard finatly, This petition has been fited and validity of order dated 26-04|- Director, Health Services, by whic^ suspension. Learned counsel for the Hospital, Jagdalpur has been the administrative contro! of the st given to Director, Medical Edu^ (Annexure P-2), and further as Government Hospital, Jagdalpur v| P-3), the Director/Health Semces exercise povver of suspension un| (Classification, Control & Appeal) also submits that vide order dated Government Hospital, Jagdalpur hc Eduoation, the Director, Healt^ ^ authority. Learned counsel next employee ofthe Department of an employee of Department of !n order to submit that the the Department of Medical Educatj the petltioner. bnt Advocate for the State. I counsel for the parties, the petition is |by the petitioner assailjng correctness -1-2011 (Annexure P-1) passed by the the petitioner has been ptaced under CM^f<n<iiri *ii^<r?f'^ f^^l ipai^K ^37f;<m3:rT^T i- ;\ pe(:itioner submitted that as Government to the Medical Coilege, Jagdaipur, taff of Government Hospital has been |?ation vide order dated 24-02-2006 |the petitioner has been adjusted in ^de order dated 04-02-2008 (Annexure ^eases to be an authority competent to tier Rule 9 of the C.G. Civil Services F^ules, 1966 (!n short "CCA Rules"). He 118-10-2010 (Annexure P-4), as staff of |s been transferred to Director, Medicat te^ices is no longer the competent si|bmitted that the petitioner is no longer H^Sth Services, because he has become Medical Education. [Detitioner has become an employee of (on, the petitioner places retiance upon ['Tf^'^ft^ -HC-22 •^. ^ ^^s^^ ^n^T^T ^Jch 3:fT^T 5bHict) <if^a '3~S[ ^||<41<rt<LI. ^Tll^t^Ko. fa^l^iy 51 ^W^l\ 5b^|cb S1T^9T 'CR"^ ^.?:.£?.'.^.:.?:.^?.1^1 'T""^ 200 •^^T' ^T^T^RHW^f^T -2- the order dated 24-02-2006 (Annexun and 18-10-2010 (Annexure P-4). All tjiese orders only indicate that the staff of the Medical College has been p|laced under the control of Director, Medical Education. None of these ordt absorption of services of the petitior| Education. There is nothing in the petit absorbed on any post in the Departnlent of Medical Education. Orders only show that the petitioner substanti^ hlealth Worker (Male). Therefore arrangements for efficient running of m|edical colleges does not divest the Director, Health Services of its statuton the petitioner as in respect of the pc|st of Multipurpose hlealth Worker (Male), which is borne in the Departm^nt of Health Services, the Director, Health Services is certainly an authorit^ i.e. the Chief Medical & Health Officer i; is malafide, no specific averments hav^ officer or any such officer has been i| absence of any ground being made o^ or malafide, 1 am notinclined to enter|ain the petition. The petitioner has efficacious remedy of filing an appeal^ the order of suspension. In view offoregoing, the petitionl statutory appeal under Rule 23 of the| Control & Appeal) Rules, 1966. CM^(<n<fli Tipraf "^ i^st <r3i^i< ^^rf^m^TT^T P-2), 04-02-2008 (Annexure P-3) ars can be said to be an order of er in the department of Medical ion fo show that the petitioner was ely holds the post of Multipurpose the aforesaid administrative power of suspension in respect of , to whom, the appointing authority subordinate. Though, the petitioner has statejd that the action of the respondent been made against any particular npleaded as a respondent In the t regarding absence of jurisdiction efore appropriate authority against •tands dismissed with liberty to file ^.G. Civil Services (Classification, Si3iiS^ i> ^s^^^ss^s. iiii® s '•Mi^^i^ti^ Sd/- ManindraMohanShrivastava ^ Judge Mi^B ^^s^ -^^^^SSi. ^^a^sK ^r ^ n-i ^•'&SiSSSWBS 1 ^