IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.519 of 2010 1. BHAGWAT PRASAD S/O SRI ASHARFI PRASAD R/O VILL- JAMSAM, P.S.+P.O. JAMSAM, DISTT. MADHUBANI Versus 1. THE STATE OF BIHAR 2. THE DIRECTOR-IN-CHIEF HEALTH SERVICES, BIHAR, PATNA 3. THE DEPUTY SECRETARY DEPTT. OF HEALTH & FAMILY WELFARE, GOVT. OF BIHAR, PATNA 4. THE DEPUTY DIRECTOR HEALTH SERVICE, BIHAR, PATNA 5. THE CHAIRMAN ENQUIRY COMMITTEE OF VALID APPOINTMENT, HEALTH SERVICE, BIHAR, PATNA 6. THE CIVIL SURGEON CUM CHIEF MEDICAL OFFICER SAMASTIPUR 7. THE DISTRICT KUST NIWARAN OFFICER SAMASTIPUR ----------- 2 12.5.2010 Heard counsel for the petitioner and the counsel appearing for the State. Petitioner’s prayer is for quashing the report submitted by the Five Men Committee, constituted under the direction of the High Court in LPA No. 946 of 2003 and analogous cases, where by his appointment has been placed in the category of forged appointment. Further prayer is for a direction to the respondents to treat his appointment as irregular, instead of forged and regularize it on any Class III post. Further prayer is for quashing of termination order issued in 2003. As per the statement in the writ application the petitioner was allowed to work on the post of Medical Assistant at Primary Health Center, Jaynagar by 2 the Civil Surgeon-cum-Chief Medical Officer, Madhubani in the year 1988 and since then continued to work till 1992. Thereafter he was not allowed to discharge his duty and finally termination order was issued in the year 2003, which was challenged by filing CWJC No. 647 of 2004. The writ application filed by the petitioner was disposed off h analogous with LPA No. 943 of 2003 and the Five Men Committee finally found his appointment as forged. The statement made in the writ application do not disclose that the petitioner was appointed following the procedure for legal appointment and worked on sanctioned post for ten years. Since the appointment of the petitioner was made on the basis of the letter of the Deputy Director, Health Service, Bihar, Patna, and the letter of Deputy Director, itself was held to be forged, as such petitioner cannot claim that his appointment was legal. I do not find any error in the report submitted by the Five Men Committee; so far the petitioner is concerned. This application is dismissed having no 3 merit. (Mridula Mishra,J.) A.Kumar