1 / 4 2025:CGHC:3610 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4175 of 2019 1 - Smt. Mamta Singh W/o Shri Bindeshwari Singh Aged About 54 Years R/o Village Janakpur, Near Old Hospital Post Janakpur, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh., District : Raipur,Chhattisgarh 2 - Director (Nursing) Directorate Of Health And Family Welfare, Indrawati Bhawan, New Raipur, District Raipur Chhattisgarh.District : Raipur, Chhattisgarh 3 - Zonal Joint Director Health Service Sarguja Zone, Ambikapur, District Sarguja Chhattisgarh.,District:Surguja(Ambikapur),Chhattisgarh 4 - Chief Medical And Health Officer District Koriya (Baikunthpur) Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ... Respondent(s) ____________________________________________________________ For Petitioner : Mr. Pushkar Sinha, Advocate. For State : Mrs. Mukta Tripathi, PL. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 21/01/2025 1. Petitioner has filed this writ petition seeking following reliefs:- “10.1 That, the Hon'ble Court may kindly be pleased to call the entire records relating to the case of the petitioner. NISHA DUBEY Digitally signed by NISHA DUBEY 2 / 4 10.2 That, the Hon'ble Court may kindly be pleased to issue a suitable writ and quashed the order dated 1.5.2019 (Annexure-P/1) and further pleased to quash the order of termination dated 28.11.2016(Annexure- P/2). 10.3 That ,the Hon'ble Court may be pleased to issue a writ, in the nature of mandamus and direct the respondent to reinstate the petitioner in her service. 10.4 Any other relief, which this Hon'ble Court deems, fit and proper in the facts and circumstances of the case and cost of the petition.” 2. Learned counsel for the petitioner submits that the petitioner was engaged as (Auxiliary Nurse and Midwife) A.N.M. at Primary Health Centre, Bharatpur(Janakpur), District-Koriya, Chhattisgarh in the year 1988 she continuously worked on the said post. In the year 2007, based on the complaint, FIR was registered against her for alleged commission of offence under Sections 304 & 314 of Indian Penal Code(for short ‘IPC’). After completion of investigation, charge-sheet was also filed and after completion of trial, petitioner was convicted vide judgment of conviction dated 7.5.2016, wherein the petitioner was convicted for the offence under Section 304-II of IPC for a period of 7 years and under Section 314 of IPC for a period of 5 years. After passing of a judgment of conviction, respondent No.4 has passed an order terminating the service of the petitioner without conducting any departmental enquiry. Order of conviction by the trial Court in criminal case was challenged in an appeal before the High Court. Appellate Court vide order dated 06.02.2019(Annexure-P/4) had stayed the judgment of conviction. Petitioner has also preferred an appeal before the appellate authority, however, when no decision was taken, he has 3 / 4 filed the writ petition bearing WPS No.1970 of 2019, which was disposed of directing the appellate authority to decide the appeal taking into consideration all facts and circumstances of case and also the subsequent developments, however, the appellate authority vide Annexure-P/1 has dismissed the appeal without considering that the judgment of conviction against the petitioner was stayed by the appellate authority, therefore, the decision taken in the appeal is erroneous. 3. Learned State counsel opposes the submission made by counsel for petitioner and would submit that the appellate authority has assigned the reasons for rejecting the appeal. In the order passed in WPS No.1970 of 2019, there is no specific direction for reinstatement of the petitioner, hence, decision taken by the appellate authority does not call for any interference. She also contended that the order of stay has been passed in criminal appeal is dated 6.2.2019 whereas the petitioner was terminated from service on 28.11.2016, hence, also there is no error in the order impugned Annexure-P/1 dismissing the appeal against the order of termination. 4. Heard learned counsel for the parties and perused the documents enclosed along with the petition. 5. Perusal of the Annexure-P/1 would show that the petitioner has enclosed the copy of the letter of State Government dated 6.4.2019 addressing to the respondent No.2 clearly mentioning that there is no specific direction for reinstatement of the petitioner in the order passed by the High Court. Copy of order passed by the High Court in WPS No.1970 of 2019 is filed as Annexure-P/5. In the said writ petition also, 4 / 4 the same grounds is raised by the petitioner that as the order of conviction has been stayed petitioner is entitled for reinstatement in service. The said argument was not accepted by the Court and observed thus:- “This Court is not inclined to accept the said argument of the petitioner for the simple reason that, the order of termination was passed on 28.11.2018 and the suspension of conviction was only after about 3 years i.e. on 6.2.2019. Thus, on the date of termination, the judgment of conviction was in operation.” 6. From perusal of para-4 of the order dated 19.3.2019 in WPS No.1970 of 2019 would show that the Court considered the order of termination to be 28.11.2016 and order of the stay of the judgment of conviction was on 6.2.2019 after about 3 years. 7. Prayer made in this writ petition and considered by the appellate authority has already been considered by the co-ordinate Bench of this Court in WPS No.1970 of 2019 as extracted above and once the decision is taken by the co-ordinate Bench, it will not be proper for this Court to consider the same ground again as argued by learned counsel for the petitioner that he is entitled for reinstatement after suspension of his conviction in earlier writ petition and rejected the same. 8. For the foregoing discussions, I do not find any merit in this writ petition. Accordingly, writ petition is dismissed. Sd/- (Parth Prateem Sahu) Judge Nisha