The High Court of Patna dismissed a writ petition challenging the termination of the petitioner's services as a Basic Health worker. The Court held there was no merit in the challenge regarding his appointment qualifications.
The writ petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7331 of 2011 ====================================================== Kishor Kumar Sri Hem Narayan Bangaon Tola Behta, P.S. Bangaon, Distt. Saharsa .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Principal Secretary Department Of Health Govt. Of Bihar, Patna 3. The Director In Chief Health Services, Govt. Of Bihar, Patna 4. The Regional Deputy Director, Health Services ,Darbhanga Division, Darbhanga 5. The Civil Surgeon Cum Chief Medical Officer, Darbhanga,Distt. Darbhanga 6. The Lcivil Surgeon Cum Chief Medical Officer, Madhubani, Distt. Madhubani .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar Verma For the Respondent/s : Mr. Parth Sharthi Sc10 ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 3 12-02-2013 The petitioner has moved this Court against order dated 22.11.2010, passed by One Man Committee of Justice Uday Sinha in Case of 4 of 2010 by which the services of the petitioner has been terminated stating that his appointment was violative of order passed in C.W.J.C.No. 417/2009.
The petitioner was appointed as Basic Health worker in the office of the Civil Surgeon, Madhubani on 31.12.1983. His service was terminated on 9.12.1999 on the ground that he did not have required qualification for holding technical post. Furthermore, there is nothing on record to show that the
Patna High Court CWJC No.7331 of 2011 (3) dt.12-02-2013
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petitioner was appointed pursuant to any advertisement.
There is no merit in the writ petition. It is dismissed
as such.
Shashi./-
(Samarendra Pratap Singh, J)
2 issues framed by the court
Whether the termination of the petitioner's services as a Basic Health worker was valid given the lack of required qualifications.
Whether the Appointed Committee's impugned order terminating the petitioner's services merits setting aside under Article 226.
Kishor Kumar Sri Hem Narayan Bangaon
The State Of Bihar
The Principal Secretary Department Of Health Govt. Of Bihar, Patna
The Director In Chief Health Services, Govt. Of Bihar, Patna
The Regional Deputy Director, Health Services ,Darbhanga Division, Darbhanga
The Civil Surgeon Cum Chief Medical Officer, Darbhanga,Distt. Darbhanga
Samarendra Pratap Singh
As recorded by the court registry
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