High Court Patna High Court - Orders

Bhupendra Kumar Sharma vs The State Of Bihar & Ors on 18 August, 2011

Patna High Court – Orders
Bhupendra Kumar Sharma vs The State Of Bihar & Ors on 18 August, 2011
               IN THE HIGH COURT OF JUDICATURE AT PATNA
                          Civil Writ Jurisdiction Case No.4455 of 2007
              Bhupendra Kumar Sharma, son of late Radha Krishn Singh, resident of
              village Khokhara, P.S. Kalyanpur, District East Champaran at Motihari,
              Assistant Teacher, Sitaram High School, Lal Saraiya Colony P.S.
              Bettiah, District West Champaran at Bettiah
                                                       ...                 Petitioner
                                                 Versus
              1. The State Of Bihar
              2. The Commissioner cum Secretary, Secondary Education, Govt.
                  of Bihar, New Secretariat (Bikash Bhawan) Patna
              3. The Director Secondary Education, Govt. of Bihar, New
                  Secretariat (Bikas Bhawan), Patna
              4. The Deputy Director, Govt. of Bihar, Bihar Secondary Education
                  Officer Budh Marg, Patna- 800001
              5. The Regional Deputy Director of Education Tirhut Division,
                  Muzaffarpur
              6. The District Education Officer West Champaran at Bettiah
                                                        ...              Respondents
                                    ----------------------------------

2. 18.8.2011 No one appears for the petitioner. Counsel for the

respondents are present.

From the perusal of the record it would be clear that

the petitioner’s services had been terminated on 12.11.2003 on the

ground that his appointment on the post of Assistant Teacher was

based on a forged appointment letter. From the perusal of the

counter affidavit, filed by the respondents, whose copy was

refused to be accepted by the learned counsel for the petitioner on

the ground that he has got no instruction, it would be clear that

infact a full-fledged enquiry was made with regard to the alleged

claim of process of selection to have been undergone in the case of

the petitioner in the office of Vidyalaya Sewa Board whereafter it

was discovered that the name of the petitioner was not even

included in the selected list of teachers of Vidyalaya Sewa Board.

Consequently it was not difficult for the respondents to come to a
2

conclusion that the appointment letter produced by the petitioner

was a forged appointment letter, inasmuch as the same had given

reference to a recommendation made by the Vidyalaya Sewa

Board. The detailed reasons given in the counter affidavit would

also leave nothing for speculation that it was the petitioner who

had indulged in such act of forgery and playing fraud for his own

pecuniary benefit by way of drawing salary against a forged

appointment letter.

As a matter of fact the writ jurisdiction for

adjudicating such disputed claim would be wholly inappropriate

and thus following the orders passed by this Court on 16.7.2010 in

C.W.J.C.No. 2406/2002, C.W.J.C.No. 277/2002, C.W.J.C.No.

3352/2002 and C.W.J.C.No. 3353/2002 as also a subsequent order

dated 3.5.2011 in C.W.J.C.No. 15214/2007 and C.W.J.C.No.

16259/2007 this Court would hold this writ application to be not

maintainable and would, accordingly, dismiss this writ application.

Such dismissal of the writ application, however, will

not stand in the way of the petitioner of moving appropriate Civil

Court for seeking a declaration that his so called appointment letter

is not forged or fraudulent.

                          With        the   aforementioned   observation,      this

            application is dismissed.



                                                        (Mihir Kumar Jha,J.)

Surendra/