IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9497 of 2011
Gopal Prasad
Versus
The State Of Bihar & Ors
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2 30/08/2011 Petitioner was removed from the post of Jan
Sewak (V.L.W.) on the allegation that he had obtained
employment by producing forged marks sheet obtained
from the Bihar School Examination Board. Even a
criminal case was instituted under several sections of the
Indian Penal Code including forgery and cheating.
Petitioner was put through the rigors of criminal trial.
The Judicial Magistrate, 1st Class, Gaya did not find the
petitioner guilty of the offence charged with and
acquitted the petitioner vide his judgment dated 7.7.1995
as would be evident from perusal of annexure-6 to the
writ application.
It is also the case of the petitioner that even Bihar
School Examination Board on due scrutiny found the
certificate of the petitioner to be valid but despite the
above facts when the petitioner approached the
respondents for his reinstatement on the post, no action
has been taken till date.
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This is a matter where a detailed counter
affidavit on behalf of the State would be required as to
the circumstance under which the respondents are not
willing to reinstate the petitioner despite the so called
certification by the trial court as well as the Bihar School
Examination Board in his favour.
Let this matter be listed for admission after six
weeks when counter affidavit on behalf of the
respondents must be in place.
AMIN/ (Ajay Kumar Tripathi, J.)