2026:JHHC:26387 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No.7075 of 2023 ------- Pranab Kumar Pathak, aged about 44 years, son of Late Bhudew Pathak, resident of village Mangrodih, P.O Dandidih, P.S: Giridih (M), Dist: Giridih …… Petitioner Versus 1. The State of Jharkhand. 2. National Rural Health Mission (herein after to be referred as NRHM) having its office at Namkum, P.O & P.S: Namkum, Dist: Ranchi through its Managing Director. 3. The Managing Director, National Rural Health Mission ( herein after to be referred as NRHM) having its office at Namkum, P.O & P.S: Namkum, Dist: Ranchi 4. The Deputy Commissioner, Cum- Secretary, NRHM, P.Ο & P.S. Giridih, Dist: Giridih 5. The Civil Surgeon cum Chief Executive Officer, DHS, P.Ο & P.S. Giridih, Dist: Giridih. 6. The Incharge, Medical Officer, Giridih, P.O & P.S: Giridih, Dist: Giridih. ..Respondents ------- CORAM : HON'BLE MR. JUSTICE DEEPAK ROSHAN ------- For the Petitioner : Mr. Mahesh Tweari, Adv. For the Respondent : Mr. Suresh Kumar, SC(L&C)-II ------- 05/Dated:31.08.2026 The instant writ application has been preferred by the petitioner for the following relief:- (i) For issuance of an appropriate writ(s) /order (s)/direction (s) particularly writ in the nature of mandamus commanding upon the respondents particularly respondent no. 5 & 6 to send to this Hon'ble Court all records appertaining to the issuance of Memo No. 842/DHS, dated 26.10.2023, issued under seal and signature of respondent no. 5 directing the respondent no. 6 to make payment of advance honorarium of one month to the petitioner and forthwith relieve him from the post of Lab. Technician in which he had been serving. 2026:JHHC:26387 2 (ii) Further, a humble prayer is being made before this Hon'ble Court to send the office order dated 30.10.2023 issued under the seal and signature of respondent no. 6 wherein the petitioner has been relieved forthwith from his post of Lab. Technician making payment of one month advance honarium vide memo No. 521, dated 30.10.2023. (iii) Thereafter, a humble prayer is being made before this Hon'ble Court for quashing of both memo first being Memo No. 842/DHS, dated 26.10.2023 and thereafter the office order issued vide memo No. 521 dated 30.10.2023 wherein the petitioner has been relieved from the post of Lab. Technician with effect from as being completely illegal, arbitrary, unjustified and blatant misuse of power, which is liable to set aside by this Hon'ble Court. (iv) Further, a humble prayer is being made before this Hon'ble Court to allow the petitioner to resume his post of Lab. Technician at PHC, Deori, Giridih with immediate effect and also make payment of all amount as honorarium to which petitioner is entitled from 1st April, 2023 till today which has not been paid to him. (v) Further, a humble prayer is being made before this Hon'ble Court for a direction upon the respondent no. 6 as to under what authority of law, having no jurisdiction at all he has issued office order dated 30.10.2023 relieving the petitioner from the post of Lab. Technician which is blatant misuse of power for which heavy cost may be imposed upon him for causing harassment, humiliation and financial crunch upon the petitioner and his family member moreso, the petitioner having two daughters and one sons who are all school going student have now been faced with great financial crisis. 2. Learned counsel for the petitioner assailed the impugned order on following grounds. (i) Though the show-cause notice was given to the petitioner; however, without any inquiry, the petitioner has been terminated and since the order of termination is 2026:JHHC:26387 3 stigmatic in nature, accordingly the same may be quashed and set aside. (ii) Learned council further draws attention of this court towards Annexure-C to the counter affidavit especially page 23, which deals with the petitioner and the reason for termination is subordination of duty by the petitioner. However, without any proper inquiry, the same has been done. (iii) Though the petitioner has duly replied to the show-cause notice, but without going into the reply and without holding any inquiry, order of termination has been passed. 3. Learned counsel for the respondent submits that there was no proper inquiry, however, show-cause was given to the petitioner. 4. Having heard Ld. Counsel for the rival parties and after going through the documents annexed with the respective affidavits and the averments made therein; it transpires that while the petitioner was posted as lab technician in the Community Health Centre, at Deori, Giridih, a show cause was issued to him and the petitioner duly replied to the show-cause notice, but the respondents, instead of holding a proper inquiry, terminated this petitioner. 2026:JHHC:26387 4 5. It further transpires that the impugned order of termination is stigmatic in nature. For brevity impugned order dated 30.10.2023 is extracted herein below:- कार्ाालर् आदेश जिला ग्रामीण स्वास््र् सममति सदर अस्पिाल गिररडीह का ज्ञापाांक 842/DHS गिररडीह ददनाांक- 26/10/2023 के आलोक में श्री प्रणव पाठक प्रर्ोिशाला प्रोवेगिक, सामु० स्वा० के न्द्र देवरी को दोषी मानिे हुए कार्ा मुक्ि करने का आदेश प्राप्ि है। अिः उक्ि के आलोक में श्री प्रणव पाठक प्रर्ोिशाला प्रोवेगिक, सामु० स्वा० के न्द्र देवरी को एक माह का अगग्रम मानदेर् देिे हुए ित्काल प्रभाव से कार्ामुक्ि ककर्ा िािा है। 6. From bare perusal of the impugned order, it appears that the impugned order has been passed on the basis of Annexure-C which is the decision of the Establishment Committee headed by the Deputy Commissioner, Giridih, which indicates that the cause of termination is insubordination. 7. This Court is having no hesitation in holding that on the one hand, the order of discharge is stigmatic in nature, as such proper inquiry should have been conducted. On the other hand, when the petitioner has duly replied to the show-cause, not even a single line has been deliberated or considered by the competent authority, 2026:JHHC:26387 5 and the impugned order has been passed in a mechanical manner without application of mind. 8. Having regard to the above, the impugned order being Memo No. 842/DHS, dated 26.10.2023 and thereafter the office order issued vide memo No. 521 dated 30.10.2023 (Annexure-4), is hereby, quashed and set aside. 9. The respondents are directed to reinstate the petitioner forthwith. However, the respondents would be at liberty to initiate proper inquiry against the petitioner, if so advised. 10. So far as prayer for payment of salary for those periods when the petitioner had worked is concerned; the respondents are directed to verify the record of the case, and if the petitioner had worked for a particular period, the same shall be paid to him. 11. Accordingly, the instant writ application stands allowed. Pending I.A., if any, is also closed. (Deepak Roshan, J.) August 31, 2026 Uploaded on 11/09/2026 Fahim/-