IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI, J.
CWJC No.1522 of 2022
(2.3.2022)
Md. Sadaf Kamran ... Petitioner
vs.
State of Bihar & Ors. ... Respondents
Service Law – Termination – Direction for recovery – Petitioner has allegedly misled department in producing certificate which is alleged to be fake Diploma in Civil Engineering Certificate – Alleged allegations relating to production of fake Diploma in Civil Engineering Certificate attaches stigma on petitioner and it may be hurdle for future employment – Respondents have not initiated disciplinary proceedings while holding that certificate produced by petitioner (Diploma in Civil Engineering) is forged/fake – Concerned respondents directed to initiate disciplinary proceedings/domestic enquiry even though petitioner was appointed to post of Special Survey Amin on contract basis. (Para 2)
P. B. Bajanthri, J.—Heard learned counsel for the parties.
2. In the instant petition, petitioner has prayed for the following relief/reliefs:—
“That the petitioners of this case have filed this writ application for issuance appropriate Writ/s and/or Order/s and/or Direction/s, commanding the respondents concerned for grant of following Reliefs:
(i) For that issuance of writ/s, order/s, direction/s in the nature of certiorari to quash the letters no.- 4468 dated 15.12.2021, whereby and where under petitioner has been terminated, order of Recovery of salary and lodging of first Information Report has been made against the petitioner working on the Post of Special Survey Amin stating the reason that certificate of petitioner (diploma in civil Engineering) is wrong/forged/fake.
(ii) For that issuance of writ/s, order/s, direction/s in the nature of certiorari to quash the letters No.- 808 dated 06.01.2022 against the petitioner issued by Settlement Officer, Sheikhpura under the Department of Revenue and Land Reforms, Government of Bihar (Respondent No.- 5) whereby and where under respondents has ordered to recover the money (Payment of Salary for work of Petitioner) of total Rs.4,42,032/- (Four lakh forty two thousand thirty two rupees).
(iii) For issuance of writ/s, Order/s, direction/s in the nature of mandamus for Properly, thoroughly and fairly investigate in the matter of Special Survey Amin, Settlement office with respect of degree and documents of the petitioner, who are working as Special Survey Amin in Sheikhpura district of state of Bihar. And also to give the petitioner, a reasonable opportunity of being heard, by these Respondents-authorities.
(iv) For issuance of writ/s, Order/s, direction/s in the nature of mandamus commanding the respondents-authorities to consider him again for work in the concerned department by the respondent.
(v) For issuance of writ/s, order/s, direction/s in the nature of mandamus commanding the respondents-authorities to not lodge any F.I.R. nor to proceed further in this matter till the disposal of this case.
(vi) For further any other relief/s, order/s, direction/s as your lordship may deem fit and proper in the facts and circumstances of this case.”
3. The petitioner’s service has been terminated and further ordered for recovery so also initiated criminal proceedings in filing F.I.R. on the score that petitioner has misled the department in producing certificate which is alleged to be fake Diploma in Civil Engineering Certificate. The respondents have not initiated disciplinary proceedings while holding that certificate produced by petitioner (Diploma in Civil Engineering) is forged/fake. Therefore, the concerned respondents are hereby directed to initiate disciplinary proceedings/domestic enquiry, even though, petitioner was appointed to the post of Special Survey Amin on Contract basis for the reasons that the alleged allegations relating to production of fake Diploma in Civil Engineering Certificate attaches stigma on the petitioner and it may be hurdle for future employment. The enquiry shall be initiated and completed within a period of three months from the date of receipt of this order. However, the petitioner shall not be taken back to duty till enquiry is concluded in his favour.
4. With the above observation, writ petition stands disposed of.
The court's jurisdiction is limited to correcting errors of law or procedural errors leading to manifest injustice or violation of principles of natural justice.
Proper verification and due process are essential before taking action based on allegations of forged certificates.
District Magistrate cannot be permitted under law and under an administrative system which is governed by constitution and Rule of law.
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