IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.618 of 2011
In
Civil Writ Jurisdiction Case No. 15176 of 2005
Shankar Dayal Roy, Son of Sri Kishun Roy, Resident of
Village Tawakali, Post Office- Dayalpur, Distirct Saran
.... Petitioner- Appellant/s
Versus
1. The State of Bihar
2. The Director, Secondary Education, Government of
Bihar, Patna
3. The District Education Officer, Saran at Chapra
4. The Headmaster, High School Inter College,
Parsagarh, Post Office- Parsagarh, District Saran
.... Respondents- Respondent/s
===============================================
Appearance :
For the Appellant/s :Mr. Dr. Harendra Kumar Singh, Advocate
2 01-08-2011 Heard learned counsel for the appellant and
perused the order of the Writ Court.
The appellant claimed to have been appointed as
a Clerk in the High School at Parsagarh in the district of
Saran in the year 1994. Soon the authorities detected that the
appointment letter was forged. That led to a criminal case.
Charges under sections 419, 420, 467 and 468 of the IPC
alleged against the appellant in Ekma PS Case No.95 of 1994
could not be proved during trial and hence, he was acquitted
on 30.5.1998. Since the authorities did not permit the
Patna High Court LPA No.618 of 2011 (2) dt.01-08-2011
2
appellant to join the school, he filed a writ petition bearing
CWJC No.11494 of 2003 in which a direction was given for
making an enquiry with respect to documents alleged to be
forged. Pursuant to direction by this Court, according to the
Writ Court, a proper enquiry was held as appeared from
Annexure-6 and the appellant did not appear before the
enquiry officer in spite of notice. The enquiry officer called
for a report from the Headmaster of the High School in
question. The Headmaster reported that there was no
document to substantiate the fact that petitioner was duly
appointed or that he sought permission to join the school after
the judgment of this Court dated 23.4.2004.
It was found during enquiry that there was no
letter issued for appointment of the petitioner as claimed by
him. Another letter by which petitioner was allegedly directed
to join his post after appointment was also found not to have
been issued by the concerned authority. Thus, on verification
of the official records, the enquiry officer came to a finding
that the appointment letter of the appellant was not a genuine
letter issued by the concerned authority, rather it was created
by forgery and fraud. The Writ Court did not find any good
material to interfere with the findings of enquiry.
Patna High Court LPA No.618 of 2011 (2) dt.01-08-2011
3
We are not persuaded to interfere in the matter.
The appeal is, therefore, dismissed.
(Shiva Kirti Singh, J)
(Shivaji Pandey, J)
sk