Allowed¶36

Kamala Kumari v. The State Of Bihar and Ors.

Patna HC16 Jan 2025CWJC/3318/2017

Case brief

AI extract

What is this about?

Kamala Kumari v. State of Bihar; CWJC No.3318 of 2017; Patna High Court; decision dated 16-01-2025; termination of ANM(R) contract service; Memo No.1962 dated 11.12.2016; Civil Surgeon-cum-Member Secretary, District Health Committee, Aurangabad; non-application of mind by District Magistrate; Annexure-12 set aside; DDC proposal; stoppage of two increments; representation and reasoned speaking order within 90 days; Primary Health Centre Mali Navinagar; Bihar Nurses Registration Council; State Health Society Bihar (SHSB); writ application allowed.

What did the court decide?

Writ application allowed; the order of termination in Memo No.1962 dated 11.12.2016 (Annexure-12) set aside, with direction to the petitioner to file a representation before the District Magistrate, who shall pass a reasoned and speaking order within 90 days. ¶36

Kamala Kumari Vs The State Of Bihar and Ors. — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶36

Issue for consideration

Whether the memo No.1962 dated 11.12.2016, by which the petitioner's service as ANM(R) was terminated, is liable to be quashed. +2 more

¶22

Court's answer

The order of termination contained in Memo No.1962 dated 11.12.2016 (Annexure-12) is set aside.

¶34

Ratio / Principle

The District Magistrate did not apply his mind at the time of taking the decision accepting the termination of the petitioner.

¶32

Key takeaways

The petitioner is directed to file her representation with all points raised in the writ petition before the District Magistrate, who, upon considering the entire facts and circumstances, shall pass a reasoned and speaking order within 90 days from the date of filing her representation along with the order passed by this Court.ratio¶35

Detailed headnote1 paragraphs

Patna High Court (Dr. Anshuman, J.) allowed a writ petition challenging the termination of a contractual ANM(R). The petitioner, appointed on 30.11.2009 under the Civil Surgeon cum Chief Medical Officer, Aurangabad and continued beyond her initial three-year contract upto 18.11.2016, was terminated vide Memo No.1962 dated 11.12.2016 issued by the Civil Surgeon-cum-Member Secretary, District Health Committee, Aurangabad, following a complaint regarding a delivery at Additional Primary Health Centre, Mali Navinagar. Although both removal and stoppage of two increments yearly had been recommended, the DDC proposed termination, which the District Magistrate accepted. Holding that the District Magistrate had not applied his mind at the time of taking the decision, the Court set aside the termination order (Annexure-12) and directed the petitioner to file a representation before the District Magistrate, who must pass a reasoned and speaking order within 90 days of its filing along with a copy of the High Court's order.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3318 of 2017

¶2

======================================================

¶3

Kamala Kumari Wife of Sri Vijay Chaudhari, resident of village - Bhatauli, Post Office - Siyawank, Police Station Baghaila, District - Rohtas

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State Of Bihar

¶7

The Secretary, Health Services, Government of Bihar, Patna

¶8

The Director - in - Chief, Health Services, Government of Bihar, Patna

¶9

The Regional Deputy Director, Health Services, Magadh Division, Gaya

¶10

The District Magistrate Cum Chairman, District Health Committee, Aurangabad

¶11

The Civil Surgeon Cum Chief Medical Officer, Aurangabad

¶12

¶13

The Incharge Medical Officer, Navinagar, Aurangabad

¶14

The State Health Society Bihar through Executive Director, State health Society Bihar, Patna

¶15

... ... Respondent/s

¶16

======================================================

¶17

Appearance :

¶18

For the Petitioner/s : Mr. Anil Kumar, Adv. For the Respondent/s : Mr. S.D. Yadav-AAG9 Mr. Braj Bhushan Mishra, AC to AAG9 ======================================================

¶19

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

¶20

4 16-01-2025 Heard Learned Counsel for the petitioner and

¶21

Learned Counsel for the State.

¶22

The present writ petition has been filed for quashing the memo No.1962 dated 11.12.2016 issued by Civil Surgeon-cum- Member Secretary, District Health Committee, Aurangabad by which the service of the petitioner has been terminated from the post of ANM(R) after passing of one month of notice and her contract has been cancelled after taking the acceptance of District Magistrate -cum- Chairman, District

¶23

Patna High Court CWJC No.3318 of 2017(4) dt.16-01-2025 2/4

¶24

Health Committee, Aurangabad. The further prayer has been made that the respondents be directed to reinstate the service of the petitioner on the post of ANM(R) in Primary Health Centre, Mali, Navinagar, Aurangabad.

¶25

Learned Counsel for the petitioner submits that the petitioner has been trained from Bihar Nurses Registration Council in the year 1999 and, thereafter, she passed the examination of revised ANM. He further submits that the petitioner was appointed on the post of ANM(R) on 30.11.2009 under the Civil Surgeon cum Chief Medical Office, Aurangabad on the basis of contract for three years.

¶26

Counsel further submits that initially contract was for three years, but the petitioner was continued in service upto 18.11.2016 and during the said period, there was no allegation made against her. He further submits that the petitioner was transferred to the Additional Primary Health Centre, Navinagar, Aurangabad with direction to take charge of Medical Child Health. During her posting at Additional Primary health Centre, Mali Navinagar, a patient was admitted on 02.01.2016 and a child was born on the same day. The weight of the newly born child was less than 3 Kg and after passing of 19 days, the husband of the complainant had filed a petition before the

¶27

Patna High Court CWJC No.3318 of 2017(4) dt.16-01-2025 3/4

¶28

District Magistrate on 21.01.2016. On the basis of complaint, enquiry was set up which resulted into punishment to the petitioner in the form of termination from the post of ANM after one month notice.

¶29

Counsel further submits that a counter affidavit has been filed in which Annexure-D is the extract of the rule in which ANM has liberty to file appeal before the District Magistrate cum Chairman within 30 days from the date of decision of District Health Society and Executive Director, SHSB.

¶30

Learned Counsel for the State submits that the order of removal has been made after taking due approval from District Magistrate therefore, the petitioner has no remedy and writ petition is fit to be dismissed.

¶31

Upon perusal of the record, it transpires to this Court that the decision for removal of petitioner or decision of stoppage of two increments yearly both were recommended, but the DDC has proposed for termination which has been accepted by the District Magistrate. The said extract of the decision has been annexed in the counter-affidavit asAnnexure-C.

¶32

It transpires to this Court that the District Magistrate has not applied his mind at the time of taking

¶33

Patna High Court CWJC No.3318 of 2017(4) dt.16-01-2025 4/4

¶34

decision. As such, the order of termination contained in Memo No.1962 dated 11.12.2016 (Annexure-12) is hereby set aside.

¶35

However, the petitioner is directed to file her representation with all points which she has raised in the present writ petition before the District Magistrate and the District Magistrate upon considering the entire facts and circumstances of the cases, shall pass a reasoned and speaking order within 90 days from the date of filing her representation along with the order passed by this Court.

¶36

With the aforesaid direction, the present writ application stands allowed.

¶37

(Dr. Anshuman, J.)

¶38

Prakashmani/-

¶39

Kamala Kumari v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Kamala Kumari v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Subheshwar Tiwary @ Sumeshwar Tiwari Vs the State of Bihar

Asmit Kumar @ Sajan Kumar Vs the State of Bihar

Abdul Majid @ Majid Vs The State of Bihar

Geeta Kumari Vs The State Of Bihar and Ors.

Safayee Mazadur Karamchari Sangh and Anr. Vs The State Of Bihar and Ors.

Mamta Kumari Vs The State Of Bihar and Ors.