JUDGMENT

Ashwani Kumar Singh, J. - This Letters Patent Appeal has been filed against the judgment and order dated 10.09.2014 passed by the learned single Judge in CWJC No. 13336 of 2010 whereby the writ petition filed by the appellant for quashing the order contained in Memo No. 532(4) dated 31.03.2010 issued by the Director-in-Chief, Health Services, Bihar, Patna whereby the order as contained in memo No. 22 dated 25.01.2008 passed by the Civil Surgeon-cum-Chief Medical Officer, Madhubani (for short 'CMO, Madhubani') terminating the service of the appellant from the post of clerk was affirmed has been dismissed.

2. The matter at issue is simple. However, it has a long chequered history.

3. The case of the appellant is that an advertisement for appointment on posts of clerk was issued by the CMO, Madhubani in the daily newspaper 'Hindustan Times' on 14.09.1989. Since he fulfilled all the eligibility criteria, he applied for the aforesaid appointment. He appeared in the written test and was declared successful following which an interview was held and merit list was prepared and he was selected for the aforesaid post. Following his selection, an appointment letter was issued in his favour vide Memo No. 2905 dated 31.12.1989 by the CMO, Madhubani by which he was posted at the Additional Primary Health Centre, Mahrail, Andhrathari, Madhubani. He submitted his joining on 01.01.1990 at the place of posting. He was transferred to the Sub-Divisional Hospital, Jhanjharpur on 30.11.2004. Though he was regularly performing his duty and was granted the benefit of first accelerated career progression, a show cause notice was issued to him vide Memo No. 3261 dated 28.12.2007 by the CMO, Madhubani by which he was directed to provide certain documents by 15.01.2008 to ascertain the legality of his appointment. He filed reply to the show cause on 08.01.2008 whereby he submitted that his appointment was in accordance with law and his matter of appointment should be considered sympathetically and he should be permitted to continue in service. However, ignoring his reply to the show cause notice, he has been removed from service vide Memo No. 227 dated 25.01.2008 issued by the CMO, Madhubani.

4. On the contrary, the contention of the respondents is that when the matter of illegal appointment of the appellant came to light, a show cause notice dated 28.12.2007 was issued to him by the then CMO, Madhubani for clarification on nine points. On his reply on 08.01.2008, the CMO, Madhubani decided to scrutinize the matter of appointment made on 01.01.1990 for which a Committee presided over by the CMO, Madhubani was constituted. The Committee scrutinized the matter on the basis of show cause reply and other materials available on record. After scrutiny, it found that the appointment of the appellant was illegal since no procedure for appointment was followed in his appointment. The Committee recommended for termination of his service and on that basis his service has been terminated by the CMO, Madhubani vide order dated 25.01.2008 with immediate effect on the following four grounds :-

(i) The reservation policy was not followed;

(ii) The interview was not held;

(iii) The Selection Committee had not been constituted; and

(iv) The Selection Committee did not recommend him for appointment.

5. A perusal of the record would reveal that against the termination order dated 25.01.2008 the appellant filed a writ petition vide CWJC No. 5473 of 2008 which was dismissed as withdrawn with liberty to move before the Director-in-Chief, Health Services, Bihar, Patna and the Director-in-Chief was directed to dispose of the matter on merit vide order dated 15.04.2008, which reads as under :-

"15.4.2008 Counsel for the petitioner after some arguments seeks permission to withdraw this writ application in order to move before the Director-in-Chief, Primary Health Services, Bihar against the impugned order of termination of his service passed by the Civil Surgeon, Madhubani