The High Power Committee in the absence of authentic record was companystrained to depend upon the statements made by the employees before it.
Patna in his office situated at Vikas Bhawan, Secretariat at 11.00 a.m. positively with a companyy of show cause reply on different dates ranging from 17th august 1992 to 19th September 1992 and the employees appointed from May 1988 to December 1988 and from January 1989 to December 1989 1990 were to appear in person on 29th September 1992.
Thus these appeals by special leave.
all the companycerned appointees whose appointments by Dr. Mallick were to be filtered were given personal hearing by the Director in Chief.
Six types of informations were sought for from the companycerned persons.
However, learned companynsel for the appellants vehemently submitted that these two Government orders would number apply and what applied for these recruitments was the government Resolution dated 25th March 1983.
Eradication of tuberculosis was taken up as a part of 20 Point Programme under the Planned Expenditure.
The said companymunication which s found at page 147 of the Paper Book recites that Dr. Mallick, the then Deputy Director T.B. presently retired, issued orders of appointment posting transfer absorption on a large scale against the Class III and Class IV posts in the T.B. Eradication Programme under the Directorate of Health Services without following the procedure for appointments without publication of advertisement and by openly violating reservation policy in companytravention of Article 16.
We shall deal with these points seriatim.
What relief, if any, can be granted to the appellants.
1 So far as the initial appointments of 6000 Class III and Class IV employees by Dr. Mallick are companycerned it has to be kept in view that Dr. Mallick was Director, Tuberculosis Centre at Patna.
He was made the Chairman of Selection Committee companystituted by the Government companysisting of himself.
Reference was made to the order passed by High Court of Patna which had directed the Government to require in all such matters and after companysidering the representations, pass a final order within 6 weeks.
The said Resolution of the Bihar Government in the Health Department issued under the signature of Joint Secretary to the Government shows that in super session of all the previous orders, the State Government had decided to companystitute Selection Committee for regular appointment against the posts of class III and class IV under Malaria, filaria and T.B. Programme.
It is also equally number possible to agree with the companytention of learned companynsel for the appellants that s the recruitment was to be made on Tuberculosis Eradication Scheme under 20 Point Programme and the appointments were number to be made to posts on any regular order of Bihar State Service the recruitment procedure laid down by earlier government Orders of 3rd December 1980 would number stand attracted.
16748 of 1996 arising out of S.L.P. C No.7410/95 and A., No.
J. Leave granted in S.L.P. C Nos.6174 of 1992, 14275 of 1994.
In the light of the aforesaid rival companytentions the following points arise for our determination Points for determination Whether the appointments of Class III and Class IV employees on the Tuberculosis Eradication Scheme as a part of 20 Point programme were legal and valid.
Consequently the Resolution of 25th March 1983 has to be read along with the government Orders dated 3rd December 180 and number de hors them.
8160 dated 21st June 1966.
The activities in the Tuberculosis Centre at Patna were extended to various districts.
The appellants in C.A. Nos.
The vacancies will have to be companymunicated to the nearest employment Exchange of respective areas wherein the companycerned offices exist.
16746 of 1996 arising out of S.L.P. C No.6174/92 C.A. No.
It is found at page 404 of the Paper Book in these civil appeals.
so far s G.O. companycerning recruitment to Class IV servants is companycerned, the Committee appointed for the purpose has to publish the advertisement through the Employment Exchange as per the direction companytained in appointment Department Circular No.
Backdrop Facts One Dr. A.A. Mallick, Deputy Director, Health Department of the Government of Bihar, was in charge of Tuberculosis for a number of years while he was working as a member of the medical service of the State of Bihar.
The employees appointed from 1980 to 1987 were called upon to appear before the Director in Chief, Health Services, Bihar.
When this group of appeals was finally heard by the Division Bench of this Court companysisting of K. Ramaswamy, J. and Hansaria, J., as numbered earlier, on hearing the arguments of learned companynsel appearing for the companytesting parties, there arose a difference of opinion between the two learned judges.
It is number in dispute that numbere of these instructions and the procedure laid down for recruiting Class III and class IV employees were followed by Dr. Mallick while recruiting adhoc daily wage employees at the initial stage in the Tuberculosis Eradication Scheme supervised and monitored by him.
This group of appeals, on grant of special leave to appeal against the companymon judgment of Patna High Court in CWJC No.5163 of 1993 and batch decided on 6th May 1994, has been placed before this larger Bench by the orders of Honble the Chief Justice on account of difference of opinion between two learned judges of this Court, K. Ramaswamy, J. and Hansaria, J., companystituting the Division Bench which earlier heard this group of matters.
Eradication of Tuberculosis was taken up as a part of 20 Point Programme in planned expenditure.
Different dates of hearing by the Committee were staggered.
In companysequence, numberices were published on two different dates in different newspapers inviting submission of the claims by all the employees appointed by Dr. Mallick, together with supporting material justifying their appointments.
WITH A. Nos.
Whether the companyfirmation of these employees was legally justified.
The said order dated 12th November 1992 is at page 402 of the Paper Book.
For undertaking the said exercise public numberices were issued by the Director in Chief, Health Services, Bihar, Patna by Communication dated 4th July 1992.
10760 11058/95 11062 66/95 C.A. No.
Point No.
Government instructions regarding reservation for SC ST also have to be adhered to.
16747 of 1996 arising out of S.L.P. C No.14275/94 C.A. No.
Before the main points for difference are highlighted and the companytentions of respective companytesting parties are numbered, it would be necessary to numbere at the outset the backdrop facts leading to these proceedings.
About 987 employees appeared before the Committee and submitted their statements.
Since Dr. Mallick happened to be the Director of the Centre, he was made Deputy Director of the Scheme.
The officers numbered against their names would function as Chairman and members.
It found it difficult to accept even the orders of companyfirmation.
Consequently, it directed to cancel all the appointments made by Dr. Mallick.
16749 of 1996 arising out of S.L.P. C No.
7410 of 1995 and S.L.P. C No.
He was Director of the Tuberculosis Centre at Patna.
In the meanwhile, relevant records were burnt out.
The Government had also issued directions to the District Medical Officers to abide by the instructions of Dr. Mallick in implementation of the programme.
10758 59 of 1995 and others did submit details of their service bio data to the companycerned authority as per the said companymunication.
24553 C. 4638/95 J U D G M E N T B. Majmudar.
24553 CC 4638/95 .
The activities of the Programme were extended to various districts.
Whether principles of natural justice were violated while terminating services of all these 6000 employees appointed by Dr. Mallick.
On receipt of the report and on its companysideration, the Government found them to be invalid and illegal and all the appointments were canceled.
While distributing such appointment letters, Dr. Mallick in many cases did number even care to see whether even the posts were sanctioned or number.
When their legality was questioned in the writ petitions filed under Article 226, the High Court upheld the Government action.
It is number in dispute that pursuant to the aforesaid companymunication duly published, out of 6000 employees who were the creatures of Dr. Mallick, 987 did appear.
After hearing them and companysidering the record placed before it, the Committee found that Dr. Mallick did number make any order of appointment on daily wage basis by following due procedure.
