Patna High Court
Awadhesh Kumar Singh And Ors vs The State Of Bihar And Ors on 4 August, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.11128 of 2012
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1. Awadhesh Kumar Singh And Ors S/O Baidyanath Prasad Singh Resident Of
Village- Datnar, P.S. Khajauli, District- Madhubani At Present Posted As
Basic Health Worker, Additional Health Centre, Borha, Laelonia, District-
Madhubani
2. Anil Kumar Singh S/O Lal Bahadur Singh Resident Of Village- Khara, P.S.
Udakishanganj, District- Madhepura At Present Posted As Basic Health
Worker, Sub Health Centre, Jogia, Madhubani
3. Motilal Chaudhary S/O Mahadeo Chaudhary Resident Of Village- Barhi,
P.S. Jai Nagar, District- Madhubani At Present Posted As Basic Health
Worker, Primary Sub Health Centre, Podma, District- Madhubani
... ... Petitioner/s
Versus
1. The State Of Bihar And Ors Department Of Health And Family Welfare,
Bihar, Patna
2. Director In Chief, Health Services, Bihar, Patna
3. The Civil Surgeon Cum Chief Medical Officer, Madhubani
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Naresh Chandra Verma
For the Respondent/s : Mr.Shyam Kishor Sharma
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL JUDGMENT
Date : 04-08-2025
Heard learned counsel for the petitioners and
learned counsel for the State.
2. Counsel for the petitioners submits that the
present writ application has been filed for quashing the order
dated 15.02.2011 passed by One-Man Enquiry Committee,
Patna in Case No.126 of 2010 and further for issuance of a
direction to the respondents to reinstate the petitioners to their
post.
3. Counsel further submits that One-Man Enquiry
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Committee has reached evasively on this point that petitioners
are not entitled for consideration and rejected the claim of the
petitioners. He further submits that all petitioners have worked
for 10 years, 12 years and 12 years, but removed from their
service on the ground that their appointment is not valid.
4. Counsel further submits that the petitioners have
moved earlier before this Hon'ble Court in C.W.J.C. No.7183 of
2006 and pleased to sent the matter to the One-Man Enquiry
Committee constituted under the order of this Hon'ble Court
passed in LPA No.1623 of 2009 for consideration of case of the
petitioners vide order dated 04.03.2010. He further submits that
in the light of observation made by Hon'ble Single Judge, has
moved before the One-Man Enquiry Committee, but the said
Committee did not look into the entire entry in the service book
and wrongly held that the petitioners were appointed by Civil
Surgeon, Madhubani and service book was opened by Civil
Surgeon, Darbhanga and Samastipur actually petitioner No.1
was appointed by Civil Surgeon, Madhubani, petitioner No.2
was appointed by Civil Surgeon, Darbhanga and petitioner No.3
was appointed by Civil Surgeon, Samastipur and later on
petitioner Nos. 2 and 3 were transferred in Madhubani district
by the order of the Regional Deputy Director, Health Service,
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Darbhanga which was in the competent authority for transfer
and entry in the service book clearly supports this fact and there
is no question fo any forgery or illegality.
5. Counsel further submits that the said Committee
has not justified in holding that for basic health worker, training
is necessary and no basic health worker in Bihar has got training
prior to his service and nowhere it is stated about their
qualification as trained and I.Sc. He further submits that the
Enquiry Committee has rejected the case of the petitioners by
order dated 15.02.2011 after committing error of record and
therefore, the present writ petition has been filed.
6. Counsel for the State submits that the petitioners
have no case at all. He further submits that a counter-affidavit
has been filed and direction has been made in the writ petition
that the petitioners' claim were placed before One-Man Enquiry
Committee in Case No.126 of 2010, which was constituted in
the light of the decision made in LPA. He further submits that
even after rejection of the claim of the petitioners, without
making documents, petitioners have not inserted a single chit of
paper in the writ petition and by virtue of pleading, they want to
plead their case.
7. Counsel further submits that in the writ petition,
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every pleading made in the paragraph of the writ petition, has to
be supported by the documents to be contained in annexures. He
further submits that none of the documents, they have annexed
in the writ petition and only on this ground, this writ petition
may be dismissed.
8. After hearing the parties and upon perusal of the
judgment passed by the One-Man Enquiry Committee, the
findings for petitioner No.1 states as follows:-
"In view of the pronouncement of S.N.
Jha J and the claim of Basic Health Workers in
CWJC No. 2677 of 2003 I have not the least doubt
that prior training was a basic qualification for
appointment to the post of Basic Health Workers.
The petitioner did not posses that qualification. He
was therefore not qualified for the post.
The second infirmity is that
absorption/regularization is not a mode of
appointment. The petitioner had claimed that he
was working as daily wage worker at Primary
Health Centre, at Ghoghardiha and from there he
was absorbed on the post of Basic Health Worker.
Since absorption is not a mode of appointment and
since the petitioner did not posses the necessary
qualification, his service cannot be sustained. It
was illegal on both counts. His application must be
dismissed. It is rejected accordingly."
9. It transpires to this Court that petitioner No.1
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was not qualified on the post of Basic Health Worker and he has
not avert any training. In view of the pronouncement made in
CWJC No.2677 of 2003, a prior training was a basic
qualification for appointment to the post of Basic Health
Workers and petitioner did not possess the said qualification.
The second infirmity which has been found by One-Man
Enquiry Committee was that petitioner's claim as working on
daily wage worker at Primary Health Centre at Ghoghardiha and
from there, he was absorbed on the post of Basic Health Worker.
It has been observed that the absorption is not a mode of
appointment and since the petitioner did not possess the
necessary qualification, his service cannot be sustained and It
was illegal on both counts.
10. So far as the reasoning of petitioner No.2, the
observation is that Annexure-1 which has been placed before
One-Man Enquiry Committee, was considered as forged
document and the petitioner was also not possess the training of
Basic Health Worker and the process mentioned in Circular
No.16440 dated 03.12.1980 was treated as illegal and his case
was rejected.
11. In case of petitioner No.3, there is lack of 10
months training and his absorption from a daily wage worker to
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the post of Basic Health Worker as he claims. It has been held
that absorption or regularization is not permissible without
following the rules of appointment. He claims to have been
appointed by Chief Medical Officer, Madhubani by order dated
28.03.1987
by Civil Surgeon, Madhubani which basically shows
that he has been appointed by the Civil Surgeon, Samastipur.
Therefore, it was discrepancy and appointment was found
illegal and the One-Man Enquiry Committee has considered all
the appointment to be illegal.
12. Here in the present case, not a single chit of
paper has been annexed in support of claim of the petitioners
and therefore, this Court is completely agree on the findings of
the One-Man Enquiry Committee report which is based on
reasonings discussed above.
13. With the aforesaid observations, the present
writ application stands dismissed.
(Dr. Anshuman, J.)
Prakashmani/-
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