Court No. - 16
Case :- WRIT - A No. - 8956 of 2018 Petitioner :- Rahul Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ashwani Kumar Yadav Counsel for Respondent :- C.S.C.,Hemendra Kumar Mishra
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is a contractual employee in the National Rural Health Mission and is aggrieved by an order dated 7.12.2017, passed by the Chief Medical Officer, which records that petitioner is not taking interest in his working, and therefore, his contractual engagement is discontinued. The order records that though petitioner has been put to notice on 17.7.2017, but he has not submitted any reply. The order is challenged on the ground that petitioner in fact has submitted a reply to the notice, on 10.8.2017, whereafter his services were continued. Submission is that in view of the subsequent report dated 5.12.2017, his engagement was discontinued and petitioner has not been put to any notice. It is contended that petitioner's working is otherwise satisfactory.
Learned Standing Counsel as well as Sri H.K. Mishra, learned counsel for the respondents submits that in case petitioner makes a representation substantiating his averment, the authority concerned shall re-visit the issue.
In the facts and circumstances, noticed above, it would be appropriate to dispose of this petition permitting the petitioner to make a representation against the order dated 7.12.2017 treating it to be a notice, alongwith certified copy of this order, within two weeks from today. In case such a representation is made, the Chief Medical Officer, Mirzapur shall examine the representation of the petitioner and after calling for necessary comments, pass a fresh order within a further period of six weeks thereafter. Reply of the petitioner shall be considered on its merits and in accordance with law. The order dated 7.12.2017 shall remain subject to the fresh order to be passed in the matter by the authority concerned.
With the aforesaid observations, this writ petition is disposed of.
Order Date :- 29.3.2018 Ashok Kr.