SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2021 Supreme(Pat) 831

IN THE HIGH COURT OF JUDICATURE AT PATNA
Vikash Jain, Anjani Kumar Sharan, JJ.
Rahul Kumar – Petitioner
Versus
The Union of India through the Chief Post Master General and ors. – Respondents
Civil Writ Jurisdiction Case No. 549 of 2021
Decided On : 06-08-2021

Advocates:
Advocate Appeared:
For the Petitioner:Jitendra Kumar Giri, Advocate
For the Respondent: Manoj Kumar Singh, CGC

Headnote:

Service Law – Termination – Board of Higher Secondary Education, New Delhi is a fake and fraudulent organization selling fake certificates – Remanding the matter in view of stated violation of natural justice will be an empty formality and will serve no purpose in face of matter having already been decided by Supreme Court – Writ Petition dismissed. (Paras 8 and 9)

JUDGMENT :

VIKASH JAIN, J.

Heard learned counsel for the petitioner and learned counsel for the respondents through video conference.

2. Learned counsel for the petitioner for the petitioner has filed an undertaking that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.

3. The present writ petition has been filed “for issuance of a writ in the nature of ‘Certiorari’ whereby and whereunder setting aside the order dated 25.07.2019 passed by Central Administrative Tribunal, Patna Bench, Patna comprising of Hon’ble Mr. Jayesh V. Bhairavia, Member (J) and Hon’ble Mr. Dinesh Sharma, Member (A) in O.A. No. 050/00144/2016, whereby termination of service of the petitioner vide order dated 29.01.2016 passed by the Assistant Superintendent of Post Offices, Madhepura, has been affirmed. Further prayer of the petitioner is for the issuance of the writ in the nature of mandamus whereby and whereunder commanding and directing the respondent No. 4 to allow the petitioner to resume his office as GDSMD/MC, Hariharpur B.O. in the account with Surpatganj S.O. and moreover to command and direct the respondent authorities to make the payment of back wages/unpaid salary with due interest to the petitioner in accordance with law”.

4. The short facts of the case according to the petitioner are that he was provisionally engaged as GDSMD/MC by order dated 20.05.2014 and continued as such until, all of a sudden, he was served with the impugned termination letter dated 29.01.2016,whereby his aforesaid engagement was discontinued. The petitioner’s engagement had been made, inter alia, on his having passed the Secondary School Examination (High School) in the year2011 from the Board of Higher Secondary Education, Delhi.

5. Learned counsel for the petitioner submits that the petitioner had joined as GDSMD/MC, Hariharpur, BO on the basis of passing the examination of Board of Higher Secondary Education, Delhi, which was recognized by the Government of India, Ministry of Education, New Delhi. He has relied on two decisions of this Court rendered in CWJC No. 9694 of 2017 and CWJC No. 16278 of 2011, wherein the termination orders were quashed in view of violation of principles of natural justice and the petitioners therein were directed to be reinstated. Learned counsel for the petitioner submits that in the instant case as well, the termination order has been passed without issuance of any show cause notice or grant of opportunity of hearing.

6. Learned counsel for the respondents, on the other hand, without going into the detailed merits of the matter, invites reference straightway to two judgments of the Division Bench of this Court rendered in CWJC No.18812 of 2017 (Pankaj Kumar Vs. The Union of India and Ors.) and CWJC No. 26 of 2018 (Vivek Kumar Vs. The Union of India and Ors.), in which it has been observed -

“The core issue is that the so called certificate akin to matriculation obtained by this petitioner from the Board of Higher Secondary Education, New Delhi (a fake organization) can form the basis for begetting employment in the Postal Department. Since this is not an educational institution but a fraudulent organization selling fake certificates, therefore, if this fact is not disputed and the educational qualification of the present petitioner is not a matter of argument then any employment obtained by him on the basis of the said certificate cannot beget him the benefit of continuance in service. The Court will advise the petitioner to acquire knowledge instead of buying knowledge from such institutions.

No interference is warranted with the order of the Tribunal. Writ is dismissed.”

7. These matters were carried to the Hon’ble Supreme Court in Special Leave to Appeal (C) No.4171 of 2019 and analogou

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top