IMPORTANT POINT
Confirmed employees cannot be terminated without due process and a proper inquiry, as mandated by the Chhattisgarh Civil Services Rules and Article 311 of the Constitution.

ORDER :

(Rajani Dubey, J.)

1. Since the issues involved in both the petitions are same, therefore they are being heard together and decided by this common order.

2. By way of the instant petitions, the petitioners are challenging the legality and propriety of the order dated 09.03.2015 (Annexure P/1) issued by Respondent No.2/Director Health Service, Raipur whereby the representations of the petitioners made in pursuance to the order dated 30.10.2014 passed in WPS Nos. 5669/2014 and 5670/2014 has been rejected and also sought quashment of the order dated 14.10.2014 (Annexure P/12) issued by respondent No.3/Chief Medical & Health Officer Raipur whereby the petitioners have been terminated from the post of Multipurpose Health Worker (Male).

3. Brief facts of the cases are that the petitioners are honorably discharged Naik Nursing Assistants from the Army Medical Corps of the Indian Army on 01/08/2008. The petitioners were appointed as Multipurpose Health Worker (Male) in ex-servicemen quota, [now referred as MPW (M)] on 24/09/2008 by respondents No. 1, 2 and 3 and subsequently confirmed on the said post upon completion of probation period on 08/11/2011. However, during the course of their employment, the petitioners developed disagreement and differences with President of respondent No.7 union. Thus, the President of respondent No. 7 union moved an application dated 10.03.2014 under the Right to Information Act, 2005 in order to obtain information regarding qualification and eligibility of the petitioners to be appointed as MPW(M). In response to this application, respondent No. 3 informed respondent No. 7 by its letter dated 05.08.2014, that the petitioners are eligible and qualified for the said post.

4. Respondent No. 7 in order to further his vengeance and vendetta against the petitioners made a false complaint to respondent Nos. 1 to 3, regarding eligibility and qualification of the petitioners. Thereafter, the petitioners were served with a show cause notice dated 21.08.2014 (Annexure P/10), to which the petitioners duly replied on 27.08.2014 (Annexure P/11) and then, however without holding a duly constituted departmental enquiry, services of the petitioners were terminated vide order dated 14.10.2014 (Annexure P/12).

5. Being aggrieved by the said order, petitioners preferred writ petitions before this Court being W.P.(S) Nos. 5669/2014 & 5670/2014, which were disposed of vide order dated 30.10.2014 with direction to the petitioners to prefer a departmental appeal before respondent No. 2. Accordingly, the petitioners made appeal on 14.11.2014 (Annexure P/14) but the same was rejected vide order dated 09.03.2015 (Annexure P/1). Hence, the instant petitions have been filed for following reliefs:-

“10.1 The Hon’ble Court may be pleased to issue appropriate writ/order/direction thereby quashing/setting aside order No. 140, Naya Raipur dated 09.03.2015 (Annexure P/1) issued by respondent No.2; and also seeking quashment of order No. 814 in WPS No. 1321 of 2015 & order No. 813 in WPS No. 1322 of 2015, Raipur dated 14.10.2014 (Annexure P/12) issued by Respondent No.3.

10.2 Cost of the petition.

10.3 Any other relief(s), direction(s), which the Hon’ble Court deems fit and proper in the circumstances of the case.”

6. Learned counsel for the petitioners submits that in pursuance of the advertisement, the petitioners had applied and also produced relevant documents. After scrutiny of all the documents, they were allowed to participate in the recruitment process as Ex-serviceman. After completion of all the formalities, the selection committee considered the candidatures of the petitioners as Ex-serviceman and their names were recommended for appointment/ selection to the post of Multipurpose Health Worker (Male) as per Annexure P/20. Petitioners were appointed to the post of Multipurpose Health Worker on 04.10.2008 on probation period of 2 years. In pursuance of the appointment order, the petitioners joined at their place of posting at Rai