Sushma Chandra vs State Of Chhattisgarh

The petitioner has challenged the suspension order dated 28/11/2022 (Annexure P/1) and show-cause notice issued for termination from service.

Brief facts reflected from the record is that the petitioner has been appointed on the post of Lab Technician on 30/04/2021 (Annexure P/5) by the Joint Director Health Services, Durg and was posted at Primary Health Center, Abhanpur, District-Raipur. The petitioner in pursuance of appointment order has joined duty on 05/05/2021. The record would further demonstrate that as per the terms of the appointment order dated 05/05/2021 vide Annexure P/5, the petitioner will be in probation for 03 years. The Clause-4 of the appointment order also provides that the service of the petitioner can be terminated by giving one month notice or Salary as per Chhattisgarh Civil Services (temporary & Semi-Permanent) Rule 1960.

The record would further reflect that during probation period it has been found that petitioner has secured employment on the basis of forged certificate, therefore notice dated 27/06/2022 was issued to the petitioner directing him to appear before the Enquiry Officer / District Health Officer, Raipur for appearance on 06/07/2022. The petitioner has submitted its reply and requested for providing the relevant document so that he may properly defend her-self. Thereafter, Block Medical Officer, Abhanpur has suspended the petitioner on 08/12/2022 and directed her to report in the office of Chief Hospital Superintendent, District Hospital, Raipur. The petitioner has submitted her reply on 30/01/2023 before the Joint Director, Health Services Raipur / Durg.

The learned counsel for the petitioner would submit that without considering the reply, show cause notice Annexure P/12 dated 25/04/2023 has been issued why services of the petitioner may not be terminated. This show cause notice and suspension order are being challenged in this petition. He would further submit that without conducting any regular enquiry the show cause notice for termination has been issued which is against the rules as well as principle of natural justice.

On the other hand learned counsel for the State would submit that it is a show cause notice and against show cause notice writ petition is not maintainable. He would further submit that impugned order of suspension Annexure P/1 dated 28/11/2022 is also appealable order as per Rule 9(2) of C.G. Civil Services (Classification, Control & Appeal Rules) 1966, as such the writ petition deserves to be dismissed.

I have heard learned counsel for the parties.

From the records it is not in dispute that against the show cause notice the writ petition is not maintainable unless the authority and jurisdiction of the person is in question. In the present case there is no such situation, therefore, writ petition against show cause is not maintainable. In view of above stated position it is directed that the petitioner shall submit reply to the show cause notice and Joint Director Public Health Service shall examine the case in its objective manner giving opportunity of hearing to the petitioner. It is also directed that the petitioner shall submit reply to the show cause notice within 10 days from receipt of the copy of the order passed by this court today. The petitioner is at liberty to take all the legal permissible defence in her reply which shall be considered in accordance with law by the respondent.

So far as it relates to suspension it is appealable as per Rules 9(2) of C.G. Service Classification Control and Appellate Rules 1966. The petitioner has alternative efficacious remedy of filing appeal before an appellate authority under the rules. Considering the submission that if the petitioner files an appeal within 45 days from today challenging the suspension order before the appellate authority, the appellate authority shall decide the appeal in accordance with law without insisting for delay in preferring the appeal.

It is made clear that this court has not expressed any opinion on the merit of the case. The respondents are free to examine the case as per the material available with them in accordance with law without being influenced from any of the observations made by this court.

With the aforesaid observations and directions, the instant writ petition stand disposed of.

In view of the above pending Interlocutory Order has been disposed of.