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2026 DAILYLAW 22095 (CHH)

SUNITA JANGDE v. STATE OF CHHATTISGARH

WPS/4515/2026 · 2026-06-17

Shri Bibhu Datta Guru

body2026

Judgment text

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1 2026:CGHC:24605 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4515 of 2026 Sunita Jangde D/o Shri Jagdish Prasad Jangde Aged About 31 Years Formerly Working On The Post Of Tuberculosis Health Visitor (T.B.H.V.) At The District Tuberculosis Control Office, Korba, District Korba, Under The National Health Mission, District Korba, Presently Residing At Agroha Colony, Near Manuas Realty Marriage Palace, Raipur, Distt. Raipur, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through The Principal Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh. 2 - Mission Director National Health Mission (NHM), Health Building, Sector-19, Naya Raipur, Atal Nagar, Chhattisgarh. 3 - Chief Medical And Health Officer (CMHO) District Korba, Chhattisgarh. 4 - Joint Director (Finance) National Health Mission (NHM), Health Building, Sector 19, Naya Raipur, Atal Nagar, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Petitioner : Mr. Shrikant Kaushik, Advocate For Respondents/ State : Ms. Akanksha Verma, Advocate For Respondent No.2 : Mr. C.J.K. Rao, Advocate SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.06.19 10:42:33 +0530 2 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 18/06/2026 1. By the present writ petition, the petitioner seeks quashment of the impugned order dated 06/05/2026 (Annexure P-3) passed by respondent No.3/ Chief Medical and Health Officer, District Korba, whereby the services of the petitioner have been terminated, and further seeks consequential service benefits. 2. Learned counsel for the petitioner submits that the petitioner has been terminated from service vide impugned order dated 06/05/2026 without issuance of any show cause notice or affording any opportunity of hearing and, therefore, the same is contrary to the principles of natural justice. Learned counsel, by referring to Clause 34.2 of the Human Resource Policy-2018 framed by National Health Mission, submits that where the services of an employee are sought to be terminated on the ground of unsatisfactory work, the concerned employee is required to be afforded an opportunity of hearing before issuance of such order. In support of his contention, learned counsel placed reliance upon the judgment passed by this Court in WPS No.1477 of 2025 (Smt. Manju Bhagat vs. State of Chhattisgarh & Ors.). 3. Learned counsel appearing for the State as well as respondents No.2, while supporting the impugned order, submits that a notice was issued to the petitioner for improvement of work, however, despite the same, the work and performance of the petitioner were not found satisfactory and, therefore, the competent authority 3 proceeded to terminate her services. Hence, according to learned counsel, the impugned order does not suffer from any illegality or infirmity. 4. I have heard learned counsel for the parties and perused the documents appended with the writ petition. 5. From perusal of the impugned order as well as the documents available on record, it does not appear that any effective opportunity of hearing was afforded to the petitioner or any show cause notice was ever issued prior to passing of the impugned order. 6. Moreover, Clause 34.2 of the Human Resource Policy-2018 contemplates affording an opportunity of hearing before terminating the services of an employee on the ground of unsatisfactory work performance. Admittedly, the said procedure has not been followed in the present case. 7. In view of the above, this Court is of the opinion that the impugned order dated 06/05/2026 (Annexure P-3), having been passed in violation of the principles of natural justice, is unsustainable in law, deserves to be and is hereby quashed. 8. Accordingly, the instant writ petition stands allowed. 9. However, it is made clear that the respondent authorities shall be at liberty to proceed afresh in accordance with law, if so advised, after affording due opportunity of hearing to the petitioner. Sd/- (BIBHU DATTA GURU) JUDGE $. Bhilwar