{"id":174179,"date":"2010-08-30T00:00:00","date_gmt":"2010-08-29T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/sachida-nand-sharma-vs-the-state-of-bihar-amp-ors-on-30-august-2010"},"modified":"2018-07-26T23:34:07","modified_gmt":"2018-07-26T18:04:07","slug":"sachida-nand-sharma-vs-the-state-of-bihar-amp-ors-on-30-august-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/sachida-nand-sharma-vs-the-state-of-bihar-amp-ors-on-30-august-2010","title":{"rendered":"Sachida Nand Sharma vs The State Of Bihar &Amp; Ors on 30 August, 2010"},"content":{"rendered":"
Patna High Court – Orders<\/div>\n
Sachida Nand Sharma vs The State Of Bihar &Amp; Ors on 30 August, 2010<\/div>\n
                       IN THE HIGH COURT OF JUDICATURE AT PATNA\n                             CWJC No.3405 of 2004\n                       SACHIDA NAND SHARMA S\/O LATE JAGANATH RAI\n                       R\/O VILL- JABADAUL, PO-ASHRAM BRINDABAN,\n                       PS- CHANPATIA, DISTT- CHAMPARAN--PETITIONER\n                                    Versus\n                       1. THE STATE OF BIHAR\n                       2. THE DIRECTOR, SECONDARY EDUCATION, GOVT. OF BIHAR,\n                          PATNA\n                       3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION TIRHUT\n                          DIVISION, DISTT-MUZAFFARPUR\n                       4. THE DISTRICT EDUCATION OFFICER, WEST CHAMPARAN,\n                          BETTIAH-----------------------RESPONDENTS.\n                                   -----------\n<\/pre>\n
                          For the Petitioner: Mr. Rajendra Pd. Singh,
\n                                                   Senior Advocate, &
\n                                               M\/s R.K.Singh, & Navjot Yeshu
\n                                                   Advocates
\n                          For the Respondents: Mr. G.A.-5\n<\/p>\n
                                    ———\n<\/p>\n
6   30 \/8\/2010                  Vide order dated 30.5.2001 issued by the Regional<\/p>\n
                 Deputy Director of Education, Tirhut Division at Muzaffarpur<\/p>\n
                 petitioner was removed from the post of clerk who was working in<\/p>\n
                 the office of Sub-Divisional Education Officer, Bagaha in the<\/p>\n
                 district of West Champaran. He has also directed recovery of<\/p>\n
                 salary paid to the petitioner because his appointment was found to<\/p>\n
                 be illegal, if not fraudulent as would be evident from annexure-1<\/p>\n
                 to the writ application which is the impugned order.<\/p>\n
                                The history behind the present litigation as per the<\/p>\n
                 narration given in the writ application is that an advertisement was<\/p>\n
                 issued in the news paper on 31.12.1992 by the Regional Deputy<\/p>\n
                 Director of Education (R.D.D.E) inviting applications for<\/p>\n
                 appointment on the post of clerk. As per the advertisement the<\/p>\n
                 applications of only such persons was to be considered who were<\/p>\n
                 registered with the Employment Exchange. Petitioner was an<\/p>\n
                 applicant in response to the said advertisement which has been
\n                          -2-<\/span><\/p>\n
annexed as annexure-2 to the writ application.<\/p>\n
                    As per a notice issued on the Notice Board of<\/p>\n
the office of the R.D.D.E. all the applicants who fulfilled the<\/p>\n
criteria of the advertisement were asked to appear for interview on<\/p>\n
15.4.1993. Petitioner was selected and appointed as a clerk in<\/p>\n
Government Teachers Training College, Dariyapur in the district<\/p>\n
of West Champaran. Appointment letter dated 26.6.1995 has been<\/p>\n
annexed as annexure-4.\n<\/p>\n
                Petitioner went to give his joining at the said<\/p>\n
Teachers Training College but his joining was not accepted as<\/p>\n
there was no vacancy in the said office. R.D.D.E adjusted and<\/p>\n
posted the petitioner in the office of the Assistant Inspector, Basic<\/p>\n
Education, Compact Area at Brindaban situated in the district of<\/p>\n
West Champaran. The office order of such posting is annexure-5<\/p>\n
to the writ application. Petitioner joined the office of Assistant<\/p>\n
Inspector on 30.6.1995 and started working in the said institution.<\/p>\n
According to the petitioner his service book was opened and<\/p>\n
benefit like GPF, GLI etc. was extended to him and deduction<\/p>\n
from his salary was being made.\n<\/p>\n
                On 8.8.1996 petitioner came to be transferred<\/p>\n
again and was posted in the office of Sub-Divisional Education<\/p>\n
Officer, Bagaha. He joined the transferred post at Bagaha on<\/p>\n
17.8.1996 and started working at his new place of posting.<\/p>\n
However from August, 1997 payment of his salary was stopped<\/p>\n
according to the petitioner without any rhyme or reason. When the
\n                         -3-<\/span><\/p>\n
concerned respondents did not respond to his request and<\/p>\n
representations he decided to file CWJC No. 11098 of 1998. That<\/p>\n
writ was for a direction of payment of his salary. Before any order<\/p>\n
could be passed in the writ application an office order no. 234<\/p>\n
dated 18.5.1999 came to be issued by the District Education<\/p>\n
Officer, West Champaran by virtue of which not only the<\/p>\n
petitioner but some other persons similarly appointed came to be<\/p>\n
removed from service on the ground that they were illegally<\/p>\n
appointed. This order is annexure-8 to the writ application. The<\/p>\n
order of removal however came to be stayed by the Director,<\/p>\n
Primary Education, Bihar with a direction to the R.D.D.E.,<\/p>\n
Muzaffarpur to enquire into the matter with regard to the so called<\/p>\n
illegal appointment of the persons who were removed by the office<\/p>\n
order contained in annexure-8. Earlier writ application filed by the<\/p>\n
petitioner for payment of salary was withdrawn with liberty to the<\/p>\n
petitioner that in case any kind of adverse order on the enquiry<\/p>\n
conducted by R.D.D.E is passed, petitioners of that writ may move<\/p>\n
this Court in accordance of law. Thereafter the impugned order<\/p>\n
dated 30th May, 2001 has come to be passed which is annexure-1<\/p>\n
to this writ application and under is challenge.<\/p>\n
                Submission of learned Senior counsel representing<\/p>\n
the petitioner is that the appointment of the petitioner was made by<\/p>\n
following the procedure and there was no legal infirmity as the<\/p>\n
required process was followed by R.D.D.E. The letters of<\/p>\n
appointment and transfer orders supports the petitioner. It is a
\n                         -4-<\/span><\/p>\n
circumstance to show that the petitioner had been appointed by the<\/p>\n
authority by following the guidelines. He even worked at the<\/p>\n
various places of transfer satisfactorily and salary was being paid<\/p>\n
to him by the respondents till for the first time the order contained<\/p>\n
in annexure-8 came to be passed. Raising doubts against the said<\/p>\n
appointment now is misplaced.\n<\/p>\n
                It is also his case that in similar circumstance yet<\/p>\n
another employee, namely, Ravindra Kumar Tiwary moved the<\/p>\n
High Court and the High Court quashed the order of termination<\/p>\n
as the respondents failed to satisfy the Court that there was any<\/p>\n
wrong doing in appointment or the requisite rules were not<\/p>\n
followed. The said order came to be affirmed by the Division<\/p>\n
Bench in LPA as well as by the Hon’ble Supreme Court in SLA<\/p>\n
(Civil) No. 6077 of 2001. Based on the reasoning given by the<\/p>\n
learned Single Judge in the case of Ravindra Kumar Tiwary yet<\/p>\n
another writ application was allowed which was the case of Anil<\/p>\n
Kumar Jha & others (CWJC No. 4815 of 1999) and the same was<\/p>\n
upheld by the Division Bench in LPA No. 371 of 2001, a copy of<\/p>\n
the said order is annexure- 12 to the writ application. Petitioner<\/p>\n
pleads that he should be similarly treated.\n<\/p>\n
                  Counter affidavit on behalf of the respondents<\/p>\n
State has come to be filed by R.D.D.E of Tirhut Division of<\/p>\n
Muzaffarpur (respondent no.3). His stand in the counter affidavit<\/p>\n
is that large scale illegal appointments came to be made on Class<\/p>\n
III and Class IV posts at a given time frame without following the
\n                        -5-<\/span><\/p>\n
procedure for recruitment and in an illegal manner. When this fact<\/p>\n
came to the knowledge of the Director, Secondary Education,<\/p>\n
Bihar he ordered an enquiry into the bona fide of such<\/p>\n
appointments and it was during the course of enquiry that the case<\/p>\n
of the petitioner also came to be looked into. Appointments made<\/p>\n
in the year 1995 by the then so called R.D.D.E. which included the<\/p>\n
petitioner was without any advertisement, the so called interview,<\/p>\n
preparation of a panel and so called roster clearance based on<\/p>\n
reservation policy. The procedure for appointment has been laid<\/p>\n
down in detail by the department of Personnel and Administrative<\/p>\n
Reforms in its circular dated 3.12.1980.\n<\/p>\n
               Petitioner and some other persons were appointees<\/p>\n
of one Bhola Ram who was the District Education Officer at<\/p>\n
Muzaffarpur. For brief period of one and half months he was<\/p>\n
made the Incharge R.D.D.E, with no formal posting as R.D.D.E.<\/p>\n
and taking advantage of the short time frame, all these illegal<\/p>\n
appointments came to be made by the said District Education<\/p>\n
Officer.\n<\/p>\n
               It is the contention of the State that the so called<\/p>\n
advertisement issued in annexure-2 is a sham because the said<\/p>\n
advertisement was issued by the then R.D.D.E., Muzaffarpur,<\/p>\n
namely, Sri Keshev Tripathi inviting applications for preparation<\/p>\n
of a panel for appointment on the post of clerk against future<\/p>\n
vacancies which were to occur in subordinate offices and<\/p>\n
Government Project High Schools. But taking advantage of the so
\n                         -6-<\/span><\/p>\n
called advertisement which had been issued in some local news<\/p>\n
paper, not even having any circulation worth the name, that too<\/p>\n
published on 31.12.1992, the appointments in the year 1995 came<\/p>\n
to be hurriedly made by said Bhola Ram. There are neither any<\/p>\n
records available in the office of the deponent which would show<\/p>\n
the process or the procedure followed in making such<\/p>\n
appointments or any chit of paper to support the story of the<\/p>\n
petitioner with regard to advertisement, interview, preparation of a<\/p>\n
panel etc. etc. The stand of the petitioner that a notice in the local<\/p>\n
office was fixed on 25.3.1993 fixing 15.4.1993 as the date of<\/p>\n
interview makes the claim of the petitioner suspicious because if<\/p>\n
the interview was held and panel prepared in the year 1993 then<\/p>\n
how come the petitioner came to be appointed only on 26.6.1995<\/p>\n
after lapse of more than two years of the said interview. The<\/p>\n
validity of a panel is for a year. Therefore the claim of the<\/p>\n
petitioner that the appointment made in the year 1995 was based<\/p>\n
on the interview held in the year 1993 is also a circumstance<\/p>\n
which casts serious doubt about the validity of the appointment. In<\/p>\n
fact, taking advantage of the earlier advertisement made for<\/p>\n
Project Schools the said Bhola Ram had made these appointments<\/p>\n
illegally when he was asked to officiate as R.D.D.E. for a month<\/p>\n
and half.\n<\/p>\n
                It was in this circumstance that the petitioner was<\/p>\n
issued notice and he was directed to produce all supporting<\/p>\n
evidence and materials before the R.D.D.E. on various dates fixed.
\n                        -7-<\/span><\/p>\n
Petitioner avoided appearing before the authority from May 2000<\/p>\n
to October 2000. Finally 6.11.2000 was fixed on the request of the<\/p>\n
petitioner to place his case but even on this date he chose not to<\/p>\n
show up. Based on the show cause and the documents annexed by<\/p>\n
him the respondents came to a considered opinion that the<\/p>\n
petitioner was not legally appointed on the post and therefore the<\/p>\n
order of termination contained in annexure-1 came to be issued.<\/p>\n
The respondents have done no wrong in removing an employee<\/p>\n
who has been illegally appointed by a person not even competent<\/p>\n
to do so.\n<\/p>\n
               Learned counsel for the State has relied on the<\/p>\n
order passed in LPA No. 74 of 2006 which is dated 31.8.2009. In<\/p>\n
identical situation the matter was gone into deeply by learned<\/p>\n
Division Bench and taking note of various orders passed by the<\/p>\n
High Court in some of the cases including the case of Ravindra<\/p>\n
Kumar Tiwary it held that the order of dismissal by the<\/p>\n
respondents was not worthy of interference as there is<\/p>\n
circumstance to show that the appointments were made illegally<\/p>\n
by fraudulent means and order of dismissal passed in such<\/p>\n
circumstance did not merit interference.\n<\/p>\n
               Instances of illegal appointments having been<\/p>\n
made by certain persons working in the Education Department and<\/p>\n
posted in the field, is not new in the State of Bihar. There are<\/p>\n
many instances of such kind which had come to the notice of the<\/p>\n
High Court in the litigations brought before it. Such appointments
\n                        -8-<\/span><\/p>\n
have been made for consideration and by giving complete go bye<\/p>\n
to all procedures established in this regard. There have been<\/p>\n
instances where based on pleadings of such cases Courts have<\/p>\n
intervened but the question which still remains is whether the<\/p>\n
Court ought to take a humanitarian consideration in the matter of<\/p>\n
such appointments even when it is prima facie shown that the<\/p>\n
method or methodology adopted in such appointments is not<\/p>\n
above board. It is not the duty of the High Court to come to the<\/p>\n
rescue of such persons who have gained employment in active<\/p>\n
league of the persons who make such illegal appointments and<\/p>\n
burden the State with such kind of employees by their<\/p>\n
continuance.\n<\/p>\n
               Further the present writ application is not one of<\/p>\n
those cases where the petitioner has worked for many a decades<\/p>\n
and the order of removal was sought to be passed on the ground of<\/p>\n
illegal appointment at a belated stage. The existence of the<\/p>\n
petitioner under the State lasted only between 26.6.1995 till<\/p>\n
30.5.2001, besides this the appointment of the petitioner came<\/p>\n
under clout when he came to be removed in the year 1999 itself<\/p>\n
and when his salary was stopped in the year 1997.<\/p>\n
               The so called assertion of the petitioner that the<\/p>\n
process of selection and appointment was adopted by the erstwhile<\/p>\n
R.D.D.E. stands belied in view of the narration of facts and events<\/p>\n
made in the counter affidavit of the State. If the above facts are<\/p>\n
further read in the light of the decision rendered in LPA No. 74 of
\n                              -9-<\/span><\/p>\n
      2006, a copy of which is on record, there is no occasion for this<\/p>\n
      Court to interfere with annexure-1.\n<\/p>\n
                     This writ application is dismissed being devoid of<\/p>\n
      merit.\n<\/p>\n<\/p>\n
RPS                        (Ajay Kumar Tripathi, J.)\n <\/pre>\n","protected":false},"excerpt":{"rendered":"
Patna High Court – Orders Sachida Nand Sharma vs The State Of Bihar &Amp; Ors on 30 August, 2010 IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3405 of 2004 SACHIDA NAND SHARMA S\/O LATE JAGANATH RAI R\/O VILL- JABADAUL, PO-ASHRAM BRINDABAN, PS- CHANPATIA, DISTT- CHAMPARAN–PETITIONER Versus 1. THE STATE OF BIHAR 2. THE […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,27],"tags":[],"class_list":["post-174179","post","type-post","status-publish","format-standard","hentry","category-high-court","category-patna-high-court-orders"],"yoast_head":"\nSachida Nand Sharma vs The State Of Bihar &Amp; Ors on 30 August, 2010 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/sachida-nand-sharma-vs-the-state-of-bihar-amp-ors-on-30-august-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Sachida Nand Sharma vs The State Of Bihar &Amp; 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