Ram Babu Prasad vs Health on 27 September, 2016

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Jharkhand High Court

Ram Babu Prasad vs Health on 27 September, 2016

Bench: H.C. Mishra

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                           W.P.(S) No.4048 of 2015
                                    with
                             I.A. No.5171 of 2016

         Ram Babu Prasad                                                .....    Petitioner
                                     Versus
         1. The State of Jharkhand.
         2. The Secretary,
            Department of Health & Family Welfare, Ranchi.
         3. The Deputy Secretary,
            Department of Health & Family Welfare, Ranchi.
         4. The Regional Deputy Director, Health Services, Hazaribagh.
         5. The Civil Surgeon-cum-Chief Medical Officer, Ramgarh.
         6. The In-charge Medical Officer, Primary Healthy Center
            Mandu, District Ramgarh.                                ....           Respondents

         CORAM:        HON'BLE MR. JUSTICE H.C. MISHRA

         For the Petitioner          :       Mr. Shree Krishna Pandey, Advocate
         For the Respondent :        :       J.C. to A.G.
                                     -----

5/27.09.2016

Heard learned counsel for the petitioner and learned counsel for the Respondents State.

2. Petitioner has filed this writ application with a prayer that he may be allowed to mark his attendance at Primary Health Center, Mandu, District Ramgarh.

3. It appears from the record that the petitioner had earlier filed WP(S) No.4074 of 2004 for the same relief, in which, there was an ad-interim order, by order dated 30.8.2004, to the effect that if the petitioner is in service and report for duty, he may be allowed to join, but in case the authority refuses the petitioner to mark attendance, it will communicate the same to the petitioner. The said writ application was subsequently dismissed as not pressed for nonappearance by order dated 30.10.2009. Both these orders have been brought on record as Annexure-8 and 9 to the writ application. It also appears that the petitioner, thereafter, filed another writ application being WP(S) No.1405 of 2013, in which, prayer was made for release of his salary for the period from 10.10.1995 to 10.9.2004. In the said writ application, the petitioner again filed an I.A. No.1474 of 2015, in which, he prayed for acceptance of his joining at Primary Health Center, Mandu. The said interim application was dismissed by order dated 8.4.2015, as the same did not relate to the main prayer in the writ application. Thereafter, the petitioner appears to have filed present writ application for allowing him to join his service in Primary Health Center, Mandu. -2-

4. A counter affidavit has been filed on behalf of the State, in which, the statement about the aforesaid writ applications have been made and it is stated that the petitioner is a habitual absentee and does not want to join his duties because of the fact that the petitioner had been appointed on the basis of forged caste certificate. It is stated that the notice was issued to the petitioner to produce his caste certificate as Three Members Committee had found during enquiry that the caste certificate of Scheduled Tribe, produced by him at the time of his appointment, was forged. The petitioner, thereafter, avoided to join his duties and to face regular departmental enquiry. It is also stated in the counter affidavit that an FIR has already been lodged against the petitioner for obtaining the service on the basis of forged caste certificate.

5. In view of the aforesaid categorical statements in the counter affidavit, I do not find any merit in this writ application and the same is accordingly, dismissed. The aforesaid I.A. also stands dismissed.

(H. C. Mishra, J) R.Kumar

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