IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.1200 of 1996
MD.MUSLIM, S/o. Sri Mohammadin, r/o. Village- Karanj,
P.O. Jigina, P.S. Dinara, District- Rohtas, at present Clerk in
High School Ranbirpur, P.O.+ P.S. Nawanagar, District- Buxar.
--- Appellant.
Versus
1. THE STATE OF BIHAR,
2. The Director (Secondary Education)-cum-Additional Secretary,
Govt. of Bihar, Budh Marg, Patna-1.
3. The Deputy Director of Secondary Education, Department of
Human Resources Development, Govt. of Bihar, Patna.
4. The District Education Officer, Buxar and Bhojpur.
5. The High School, Ranbirpur, P.O. + P.S. Nawanagar, District-
Buxar, through its Headmaster.
6. Sri Ram Sagar Prasad Singh, S/o. Chirkut Singh, r/o. Vill.
Warapkhurd Banswantola East, P.O. Baswankala, P.S. Sikraul,
District- Buxar, Ex-Headmaster, High School Ranbirpur at present
Principal Inter College Bihya Bihya, District- Bhojpur.
--------- Respondents.
Counsel for the Appellant: Mr. Rajendra Singh, Sr. Advocate.
Md. Nasrul Hoda, Advocate.
Counsel for the Respondents:
-----------
04. 21.06.2011 This letters patent appeal has been filed
against the order dated 26.09.1996 passed by the
learned Single Judge in C.W.J.C. No. 4781 of 1995, by
which the learned Single Judge dismissed the writ on
the ground that in the counter affidavit filed by the
State it was stated that appointment letter of the
petitioner was forged and it was further stated in the
counter affidavit that the claim of the petitioner was
examined at length by the government authority and
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his claim was rejected holding that the appointment
letter of the petitioner was forged.
The petitioner claimed that he was appointed
on 27th November, 1984 and he was paid salary for 25
months and thereafter his salary was stopped without
any termination order. Thereafter the petitioner filed a
writ petition before a Bench and petition was
withdrawn by him with liberty to make representation
before the concerned government authority. The
representation was made before the concerned
authority and the representation of the petitioner was
rejected vide order dated 27.02.1992. Feeling aggrieved
the petitioner filed CWJC No.4781 of 1993, which was
dismissed by the impugned order. It has been stated in
Para-13 of the writ petition that there are two other
persons appointed by the same appointment letter and
they are still working and discharging their duties.
There are two counter affidavits filed by the
respondents. One is by respondent No.4 in which
paragraph-13 has not been replied. It contains the
general statement of the facts on behalf the Deputy
Director Education (respondent No.3) and another
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counter affidavit has been filed by respondent No.4,
who is the Sub-Divisional Education officer, (South)
Arrah, in his counter affidavit in para-13 the reply of
para-13 of the writ petition has been given that the
statement contained in para-13 of the writ petition
requires no comment. Thus, the statement made in
paragraph-13 of the writ petition stands unrebutted.
Thus, if the appointment letter was forged then the
payment of all the three persons appointed by the same
order should have been stopped not the petitioner only.
This itself shows that the stand of the respondents that
the appointment letter of the petitioner was forged
stands belied.
Not only this, F.I.R., was lodged against the
petitioner and criminal trial was held in which though
the trial-court convicted the petitioner but in appeal the
appellate court held that the prosecution could not
prove that the appointment letter was forged and the
appointment was duly intimated to a Regional Deputy
Director. These two substantial facts have not been
noticed by the learned Single Judge on which CWJC
deserved to be allowed. Thus, the judgment of the
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learned Single Judge is set aside and letters patent
appeal is allowed. The petitioner will be taken back on
duty forthwith as there is no termination order but no
back wages shall be paid. However, period shall be
counted for the purpose of pension if the post is
pensionable.
( Prakash Chandra Verma, J. )
Mkr. (Aditya Kumar Trivedi, J.)