1. The Union of India through its Secretary, Ministry of Health & Family Welfare v. Shabbu Parveen Ranchi, Jharkhand
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.S. No. 3299 of 2024 ---------- 1. The Union of India through its Secretary, Ministry of Health & Family Welfare, New Delhi. 2. Central Institute of Psychiatry through its Director, Ranchi, Jharkhand ………. Petitioners Versus Shabbu Parveen Ranchi, Jharkhand ………. Respondents. With W.P.S. No. 3294 of 2024 ---------- 1. The Union of India through its Secretary, Ministry of Health and Family Welfare, New Delhi 2. The Director, Central Institute of Psychiatry, kanke, Ranchi 3. The Administrative Officer, Central Institute of Psychiatry, Kanke, Ranchi ……….Petitioners Versus Neha Kujur ………. Respondent. With W.P.S. No. 3298 of 2024 ---------- 1. The Union of India through its Secretary, Ministry of Health and Family Welfare, New Delhi 2. The Director, Central Institute of Psychiatry, kanke, Ranchi 3. The Administrative Officer, Central Institute of Psychiatry, Kanke, Ranchi ……….Petitioners Versus Soma Bauri ………. Respondent. With W.P.S. No. 3301 of 2024 ---------- 1. The Union of India through its Secretary, Ministry of Health and Family Welfare, New Delhi 2. The Director, Central Institute of Psychiatry, kanke, Ranchi 3. The Administrative Officer, Central Institute of Psychiatry, Kanke, ……….Petitioners Ranchi Versus Kunal Kumar ………. Respondent. With W.P.S. No. 3295 of 2024 ---------- 1. The Union of India through its Secretary, Ministry of Health and Family Welfare, New Delhi 1 2. The Director, Central Institute of Psychiatry, kanke, Ranchi 3. The Administrative Officer, Central Institute of Psychiatry, Kanke, ……….Petitioners Ranchi Versus Supriya Patra ………. Respondent. With W.P.S. No. 3300 of 2024 ---------- 1. The Union of India through its Secretary, Ministry of Health and Family Welfare, New Delhi 2. The Director, General, Directorate General of health Services, New Delhi 3. Central Institute of Psychiatry through its Director, Ranchi, Jharkhand ……….Petitioners Versus Md. Shoaib Ansari ………. Respondent. With W.P.S. No. 3302 of 2024 ---------- 1. The Union of India through its Secretary, Ministry of Health and Family Welfare, New Delhi 2. The Director, Central Institute of Psychiatry, Kanke, Ranchi 3. The Administrative Officer, Central Institute of Psychiatry, Kanke, Ranchi ……….Petitioners Versus Karuna Indwar ………. Respondent. With W.P.S. No. 3348 of 2024 ---------- 1. The Union of India through its Secretary, Ministry of Health and Family Welfare, New Delhi 2. The Director General, Directorate General of Health Services, New Delhi 3. Central Institute of Psychiatry through its Director, Kanke, Ranchi, Jharkhand Rizwan Ahmad ……….Petitioners ………. Respondent. Versus ---------- CORAM: HON'BLE DR. JUSTICE S.N.PATHAK
Legal Reasoning
HON'BLE MR. JUSTICE ARUN KUMAR RAI For the Petitioners ----------- : Mr. Anil Kumar, ASGI Mr. Abhijeet Kr. Singh, CGC Mr. Ravi Prakash, CGC 2 For the Respondents : Mr. Dilip Kr. Prasad, Advocate Mr. Umesh Pathak, Advocate Mr. Kishore Kr. Mishra, Advocate Mr. Ashutosh Anand, Advocate Ms. Rishi Bharati, Advocate Mr. Anil Kr. Sinha, Advocate 05/ 16.07.2024 Heard the parties. ---------- 2. 3. Since the issues involved in all these writ petitions are same and identical hence, these are being heard together and disposed of by this common order. These writ petitions have been filed challenging the interim protection granted to the respondents by the Central Administrative Tribunal, Patna vide order dated 16.05.2024 (Annexure-8) in O.A. No. 195 of 2024, whereby learned Tribunal was pleased to stay the operation and effect of order dated 08.03.2024, impugned in the Original Application and was further pleased to direct the petitioners to allow the applicants to continue on the post of Nursing Officer till the next date of hearing. 4. From perusal of orders passed by the learned Tribunal it appears that 20 posts of Nursing Officer were advertised and the present respondents along with others applied for consideration of their cases for appointment to advertised posts. Thereafter, on being found suitable, the respondents were appointed in accordance with law. 5. It is the case of the respondents that after considering every aspects of the matters and after finding them fit for appointment, the appellants have appointed them. Never any objections were raised at the time of appointment regarding the genuineness of their certificates. It is only after almost three years of their service, they have been removed arbitrarily and illegally without following the cardinal principle of natural justice. 3 6. The order of dismissal was challenged before the learned Single Bench of the Central Administrative Tribunal and thereafter, after hearing the parties, interim protection was given basing the order on the plethora of judgment pronouncements by the Hon’ble Apex Court. After granting interim order of stay, the case was posted on 08.07.2024. Aggrieved by the said order, the Union of India has preferred this writ petition. 7. The main contention of the appellant-Union of India, as argued by learned Senior Counsel is that by way of interim relief, the learned Tribunal has granted final relief since the respondents have challenged the order of dismissal and the same was stayed by way of interim order allowing the respondents to continue in service, which is impermissible in the eyes of law. 8. 9. This Court is of the view that since already the matter is sub- judiced before the learned Central Administrative Tribunal and the case was earlier posted for final hearing on 08.07.2024. Since already a date has been fixed and it has been informed to the Court that further date has been given for final hearing is 20.08.2024. It has also been informed to the Court that since matter has to be heard by the Division Bench of Central Administrative Tribunal, a direction be given to the Tribunal for constitution of a Division Bench for hearing the matter finally, so that it can be heard
Decision
and disposed of as early as possible. 10. In view of fair submissions of learned counsel for the parties, all these writ petitions are disposed of with a direction to the Central Administrative Tribunal, Patna to constitute an appropriate Division Bench, if not constituted till date, within a period of one month so that the matter shall be heard and disposed of finally. 4 11. Let it be made clear that this Court has not entered into merits of the case and final order shall be passed after hearing the parties by the Division Bench so constituted by the Central Administrative Tribunal, Patna on its own merit. 12. As a sequitur to the disposal of the aforesaid writ petitions, pending I.As., if any, stand closed. 13. Interim relief granted by the learned Tribunal shall remain in force. Kunal (Dr. S. N. Pathak, J.) (Arun Kumar Rai, J.) 5