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2016 DIGILAW 372 (ORI)

Jyana Ranjan Mohapatra v. National Health Mission

2016-05-11

A.K.RATH

body2016
JUDGMENT : A.K. Rath, J. Challenging, inter alia, the order of termination dated 21.7.2015 passed by the Mission Director, NHM & Ex-officio Addl. Secretary to Govt., Health and Family Welfare Department, Odisha, opposite party no.2, vide Annexure-9, the petitioner has filed this writ petition. An ancillary prayer has been made to quash the advertisement issued by the Mission Director, NHM, Member Secretary, OSH&FWS, Odisha, vide Annexure-8, for the post of Hospital Manager so far as it relates to Mayurbhanj District Hospital. 2. The case of the petitioner is that an advertisement was issued by the opposite party no.2 to fill up the post of Hospital Manager. Pursuant to interview, the petitioner was selected. He joined in the said post on 27.07.2012 on contractual basis for a period of 11 (eleven) months. Subsequently, the same was extended to 4.12.2015 vide Anneuxre-2. The further case of the petitioner is that for cleaning of the District Headquarter Hospital, a Private Agency, namely, Janakalyan Parisad was outsourced. The Private Agency entered into a contract with the C.D.M.O. The petitioner has no role to play with regard to the same. Since there was dispute between the Private Agency and the authorities, the Hospital authorities disengaged the said Agency. While the matter stood thus, on 18.05.2015, the Collector, Mayurbhanj on the basis of an Audio tape recommended the opposite party no.2 to withdraw the services of the petitioner. In response to the letter dated 18.5.2015, the opposite party no.2 was issued notice to show-cause on 17.06.2015 to the petitioner. He submitted reply. Thereafter he approached this Court in W.P.(C) No.14084 of 2015 with a prayer to direct the opposite parties not to take any action against him. The said writ petition was disposed of on 5.8.2015 with a direction to the opposite parties therein to take a decision on the representation of the petitioner within a period of four months. After receipt of the order, the opposite party no.1 terminated the services of petitioner on 18.8.2015. With this factual scenario, this writ petition has been filed. 3. Pursuant to issuance of notice, counter affidavit has been filed by the opposite party nos.1 and 2. It is stated that the Collector, Mayurbhanj has reported on 18.5.2015 regarding the nefarious activities of the petitioner along with the audio tape in support of the allegation. With this factual scenario, this writ petition has been filed. 3. Pursuant to issuance of notice, counter affidavit has been filed by the opposite party nos.1 and 2. It is stated that the Collector, Mayurbhanj has reported on 18.5.2015 regarding the nefarious activities of the petitioner along with the audio tape in support of the allegation. Basing on the report of the Collector, notice to show cause was issued on 17.6.2015 to the petitioner. The petitioner submitted his reply. The same was not found satisfactory. The evidence submitted by the Collector clearly established that the petitioner was involved in illegal and unlawful activities. Thereafter the order of termination was passed. The petitioner has been given opportunity to represent his case. 4. Heard Miss S. Mohapatra, learned counsel for the petitioner and Mr. B.P. Tripathy, learned counsel for the opposite party no.2. 5. For implementation of various programme launched by Government of India from time to time and/or to give best facilities to the patients in Govt. Hospitals, Hospital Managers are recruited under National Health Mission. The Hospital Managers shoulder the responsibility to achieve target fixed by the authorities. Pursuant to interview the petitioner was appointed as a Hospital Manager in the office of the C.D.M.O., Mayurbhanj on 20.7.2012 vide Annexure-1 for a period of eleven months on contractual basis. The same was extended to 4.12.2015. While the matter stood thus, on the basis of the letter dated 18.5.2015 of the Collector & District Magistrate, Mayurbhanj, opposite party no.3, that the petitioner was involved in nefarious activities in the D.H.H., Baripada and received bribe from the service provider engaged in cleaning & other services of the Hospital and the audio tape, the notice to show cause was issued to him. 6. The question does arise as to whether the order of disengagement can be passed by the opposite party no.2 on the uncommunicated report dated 18.5.2015 of the Collector, Mayurbhanj, opposite party no.3 and audio tape ? 7. It is the legal obligation of the opposite parties to ensure that a copy of the audio tape supplied to the petitioner in order to satisfy the requirements of the principles of natural justice. The failure to supply a copy of the audio tape or affording an opportunity to the petitioner to rebut the audio tape relied upon by the committee is infraction of the principles of natural justice. 8. The failure to supply a copy of the audio tape or affording an opportunity to the petitioner to rebut the audio tape relied upon by the committee is infraction of the principles of natural justice. 8. The audio tape, basing upon which the order of termination was passed, was not supplied to the petitioner. In view of the same, the order of termination dated 21.7.2015 passed by the Mission Director, NHM & Ex-officio Addl. Secretary to Govt., Health and Family Welfare Department, Odisha, opposite party no.2, vide Annexure-9 is bad in law. Accordingly, the same is quashed. In view of the fact that the contract period has come to an end, no relief can be granted to the petitioner. Accordingly, the petition is disposed of.