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Judgment
The present Writ Petition is filed questioning the action of the 7th respondent in terminating the services of the petitioner vide proceedings in Rc.No.56/NHM/HWC/MLHP/2023, dated 06.02.2023, without issuing any notice, as illegal and arbitrary.
The learned counsel for the petitioner submits that the respondents issued a notification dated 16.11.2019 inviting applications for the post of Mid-Level Health Provider (MLHP) on a contract basis. Pursuant thereto, a written examination was conducted on 10.12.2019. The petitioner, having secured merit in the said examination, was appointed as a Mid-Level Health Provider in Zone-III vide proceedings in Rc.No.202/B1/MLHP-4/2018-20, dated 22.12.2020, on a contract basis for an initial period of one year, which was extended from time to time.
It is further submitted that the petitioner availed maternity leave for a period of six months, from 04.07.2022 to 04.01.2023, and rejoined duty on 05.01.2023 after completion of her maternity leave.
While so, the Anti-Corruption Bureau (ACB) registered a criminal case in FIR No.03/RCO-ACB-NLR/2022, dated 06.11.2022, alleging misappropriation of Government funds by diverting the funds into individual accounts pursuant to a criminal conspiracy. The petitioner was arrayed as Accused No.13 in the said case and was remanded to judicial custody. Taking the said allegations into consideration, the respondents terminated the services of the petitioner vide the impugned proceedings dated 06.02.2023.
The learned counsel for the petitioner further submits that, as on the date of filing of the representation, no charge sheet had been filed in the criminal case. The petitioner, therefore, submitted a representation dated 12.03.2024 seeking reinstatement into service. However, the said representation has not been considered by the respondents till date.
The learned Government Pleader submits that the representation of the petitioner would be considered by the competent authority, subject to examination of the feasibility of reinstatement, having regard to the allegations levelled against the petitioner in the criminal case.
Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader, this Court is of the view that the representation submitted by the petitioner seeking reinstatement deserves consideration by the competent authority, in accordance with law, by taking into account the nature and gravity of the allegations made against the petitioner in the criminal case and the stage of the criminal proceedings.
Accordingly, the Writ Petition is disposed of, directing the respondents concerned to consider the representation dated 12.03.2024 submitted by the petitioner in accordance with law and pass appropriate orders, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs.
All pending miscellaneous petitions, if any, shall stand closed.