IMPORTANT POINT
The judgment emphasizes the importance of natural justice, arbitrary actions by state authorities, and justified delay in approaching the court.

JUDGMENT :

1. Heard Ms. Z. Zhimomi, learned counsel for the petitioner. Also heard Mr. Moa Imchen, learned senior Government Advocate, for the respondents.

2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, namely, Smti Yentsalumi Lotha, impugning the order dated 4th December, 2014 bearing No. DHFW-3/117/gd-IV/General/2010(Pt) issued by respondent No. 3, whereby the appointment orders of the petitioner as Female Attendant at Longsa Sub-Centre, Wokha. The petitioner has prayed for a direction for reinstatement of the service of the petitioner as Female Attendant at Longsa Sub-Centre under Chief Medical Officer, Wokha as well as a direction to release the unpaid salary of the petitioner w.e.f. 01.05.2012 till 27.04.2015 for the service already rendered by her.

3. It is pertinent to mention herein that before filing the present writ petition, the petitioner had filed another writ petition which was registered as WP(C) No. 113/2022 and it was during the pendency of the said writ petition only the petitioner came to know about the impugned order dated 4. 11.2014, whereby her appointment as Female Attendant was declared as null and void by the respondent No. 3 which was never intimated to the petitioner in violation of the principles of natural justice. Under such circumstances, the petitioner prayed for allowing her to withdraw the earlier writ petition i.e., WP(C) No. 113/2022 with liberty to file afresh which was allowed by this Court and, accordingly, the instant writ petition has been filed again by the petitioner wherein she has also impugned the order dated 04.11.2014 passed by the respondent No. 3 whereby her appointment as Female Attendant at Longsa Sub-Centre, Wokha was declared as null and void.

4. The case of the petitioner, in brief, is that on 27.11.2006 she was temporarily appointed as Female Attendant at Longsa Sub-Centre under the establishment of Chief Medical Officer, Wokha by the Additional Director, Directorate of Health and Family Welfare by the order bearing No. DHS-3/117/F-ATT/WKA/83-96 dated 27.11.2006. It is also contended by the petitioner that subsequently her service was regularized by order of the Principal Director, Directorate of Health and Family Welfare by order bearing No. DHFW3/117/F-ATTD/WKA/83-96 dated 26th November, 2007.

5. In the year 2010, a show cause notice dated 08.09.2010 was issued to 73 employees under the establishment of Chief Medical Officer, Wokha alleging that their appointments were made without sanctioned post and/or on suspected forged signatures and the said employees were asked to show cause as to why their appointment should not be cancelled/terminated. However, later on, by letter dated 4th March, 2011 bearing No. CMO/Wok/Estt-1/17/2009-10/2223 dated 4th March, 2011, the aforesaid show cause notice was kept in abeyance by the Deputy Commissioner, Wokha and the matter was referred to the Vigilance Commissioner for conducting an inquiry into the appointments made. Thereafter, by letter No. R.C-6/2011 dated 14.10.2011, the Chief Medical Officer, Wokha was asked to furnish the original appointment order of 19 employees including the petitioner on the ground that the appointment orders of the said 19 employees were suspected to be with forged signatures. The Chief Medical Officer, Wokha (respondent No. 4) submitted all the original appointment orders of the 19 employees to the Vigilance and Anti-Corruption Police.

6. In the meanwhile, by letter bearing No. DHFW-3/117/Gd-IV/General/2010(Pt) dated 30th April, 2012, the respondent No. 3 issued a list of 159 employees who were allegedly appointed without sanctioned posts and with suspected forged signatures and directed the Chief Medical Officer of Wokha, Kiphire, Mokokchung, Zunheboto, Longleng, Mon and Dimapur to withhold the salaries of said 159 employees. The petitioner's name appeared at serial No. 16 under the suspected forged signature category. Thereafter, with effect from May 20