This judgment appeals against termination of ANMs for fraudulent certificates. The court upheld termination but quashed the recovery of salaries already paid for work done, holding such recovery not entitled.
Quashed the order directed for recovery of salary paid to the ANMs.
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
Letters Patent Appeal No.871 of 2015
In
Civil Writ Jurisdiction Case No.3896 of 2015
======================================================
Patna High Court L.P.A No.871 of 2015 dt.04-04-2019 2/7
... ... Appellant/s
Versus
... ... Respondent/s
======================================================
with
Patna High Court L.P.A No.871 of 2015 dt.04-04-2019 3/7
Letters Patent Appeal No. 478 of 2016
In
Civil Writ Jurisdiction Case No.2433 of 2015
======================================================
Anshuya Kumari, D/o Shri Shatrughan Singh, W/o Shri Pushpendra Kumar Singh, at present resident of Village + P.O.- Bhirgu Balia, Police StationMaharajganj, District- Siwan.
... ... Appellant/s
Versus
... ... Respondent/s
======================================================
Appearance : (In both the Appeals) For the Appellant/s : Mr. Mahesh Narayan Parbat, Sr. Adv. Mr. Umesh Kumar Mishra, Adv. Mr. Ved Prakash Srivastava, Adv. Mr. Rajeev Kumar Singh, Adv. For the Respondent/s : Mr. Anil Kumar Singh, G.P.-26 Ms. Archana Meenakshee, G.P.-6 ======================================================
CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL JUDGMENT
Patna High Court L.P.A No.871 of 2015 dt.04-04-2019 4/7
(Per: HONOURABLE MR. JUSTICE JYOTI SARAN)
Date : 04-04-2019
Heard the learned counsel for the petitioners and the
State.
referring to the pleadings in C.W.J.C. No. 3896 of 2015 for the reason that the order of termination and the reasons are common in the two writ petitions.
Patna High Court L.P.A No.871 of 2015 dt.04-04-2019 5/7
Memo No. 7, dated 05.01.2015, whereby the District Magistrate-cum-Chairman, District Health Society has terminated the services of number of Auxiliary Nurse Midwifery (hereinafter referred to as the ANM) on grounds that the certificate supporting their qualification was found to be forged. The list contains the name of 68 such ANMs including the name of these appellants as well.
Patna High Court L.P.A No.871 of 2015 dt.04-04-2019 6/7
forged certificate is void ab intio and had to be terminated in the manner done in the present case and to such extent there is no illegality in the order of termination.
Patna High Court L.P.A No.871 of 2015 dt.04-04-2019 7/7
the part of the order in so far as it directs for recovery of the salary paid to the ANMs. including the appellants herein, which is, accordingly, quashed and set aside.
Both the appeals are allowed to the extent above. The order of the learned Single Judge impugned herein stands modified to such extent.
(Jyoti Saran, J)
(Ashutosh Kumar, J)
skm/praveen
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N/A |
| Uploading Date | 16.04.2019 |
| Transmission Date | N/A |
2 issues framed by the court
Whether salary paid to Auxiliary Nurse Midwifery (ANM) staff terminated for fraud in registration can be recovered.
Whether the termination of employment due to forged certificate is valid.
Saroj Kumari and others
Anshuya Kumari and others
State of Bihar
Jyoti Saran
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
