Ravi S.Dhavan, J.

1. Two cases engage the attention of this Court. One is a Letters Patent Appeal filed by the State of Bihar. This is Letters Patent Appeal No. 1154 of 2003 : State of Bihar and Ors. V/s. Birendra Kumar Singh. The other is a Letters Patent Appeal filed by one Ajay Kumar No. 235 of 2004 : Ajay Kumar alias Ajay Sharma alias Ajay Kumar Sharma V/s. The State of Bihar and Ors.. The earlier appeal is by the employer. The subsequent one by the employee.

2. The aspects and circumstances of these two cases are no different than those which have engaged the attention of this Court in many earlier decisions. Coincidentally, even the Supreme Court cases are in the context of Bihar.

3. There is an endless stream of cases which come to the Patna High Court when an appointment in public service is terminated. On a return being filed by a counter affidavit invariably the defence of the State is that the appointment had been made fraudulently. The learned Judges deciding these cases in the jurisdiction where the subject matters lie have taken an objective view that if the appointment be fraudulent, then, the person who is party to the fraud, that is, the receiver of the. ap