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2024 Supreme(Pat) 381

IN THE HIGH COURT OF JUDICATURE AT PATNA
ANJANI KUMAR SHARAN, J.
CWJC No.10730 of 2019
(22.4.2024)
Bal Swaroop Singh ... Petitioner
vs.
State of Bihar & Ors. ... Respondents

Advocates Appeared:
For the Petitioner: Mr. Avanindra Kumar Jha.
For the Respondents: M/s Prabhakar Jha (GP27) Mr. U.N. Dubey, AC to G.P. 27.

Headnote:

School Laws – Termination – Acquittal in criminal case – Services of petitioner and other persons were terminated on the ground that they were appointed as Assistant Teacher on the basis of a forged appointment letter – Specific objection with regard to non-supply of document and other procedural lapses regarding exhibit of evidence and examination of witnesses were raised – No communication with regard to any kind of order/consideration/non-consideration, was made to petitioner – In absence of proper communication of order of punishment, petitioner kept on requesting about consideration of his defence vide his different representation/reply – Impugned order quashed and Director, Secondary Education, directed to pass order regarding reinstatement of petitioner forthwith – Petitioner is also entitled for consequential benefits and payment of entire arrears of salary treating his service in continuance and uninterrupted till date of superannuation of petitioner – Writ petition allowed. (Paras 8, 9, 10, 15 to 18)

Anjani Kumar Sharan, J. – Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed seeking the following reliefs: –

(i) To hold and declare that, in view of the honourable clean acquittal in the criminal proceeding, (Goh P.S. Case No. 88/2003, G.R. 1807/2003, T.R. No.594/2016} by the Trail Court of Mr. K. K. Shukla, Learned JM 1ST Class, Subdivision Civil Court, Daud Nagar, Aurangabad, the order of termination of service of the petitioner, as contained in Memo no. 881 dated 09.10.2012 (Annexure-6) has lost its significance, hence same is fit to be quashed,

(ii) To hold and declare that, the order of the Director Secondary Education, Govt. of Bihar, as contained in Letter No. 2476 dated 15.11.2018 (Annexure-7) suffers from complete non application of mind and contrary to the directions of the Hon'ble Apex Court & this Hon'ble Court as contained in Annexure -2 & 3 to this Petition, apart from being arbitrary, discriminatory, malafide and violative of Article 14 & 16 of the Constitution of India.

And consequent upon such declaration

(i) For issuance of appropriate orders, direction or writ in the nature of Certiorari for quashing the order of termination of service of the petitioner, as contained in Memo no. 881 dated 09.10.2012 (Annexure - 6).

(ii) For issuance of appropriate orders, direction or writ in the nature of Certiorari for quashing the order of the Director Secondary Education, Govt. of Bihar, as contained in Letter No. 2476 dated 15.11.2018 (Annexure - 7)

(iii) For issuance of appropriate orders, direction or writ in the nature of Mandamus, commanding the respondents concerned to reinstate the petitioner in the services with all consequential benefits.

(iv) For grant of any other relief or relief's to which the Petitioner may be found entitled to, in the facts and circumstances of this case.”

3. By way of filing I.A. No. 01 of 2024, the petitioner has amended his prayer as follows: –

“(i) For issuance of appropriate orders, direction or writ in the nature of Mandamus, commanding the respondents concerned to make payment of entire arrears of salary, treating him to be in the continuous & uninterrupted service, till the date of petitioner’s age of superannuation (31.03.2023)/ for the entire period he has been kept out of service on the basis of illegal termination orders/impugned orders.

(ii) For allowing the petitioner to make correction of the minor typographical error in the paragraph no. 19 of the writ petition, and in the said paragraph, following line “till the month of June 2017, no information was supplied to the petitioner”, may be corrected as read as “till the month of June 2017, order of punishment was not supplied to the petitioner, however, on oral instruction he has been informed about his termination, 14.02.2013, and he has been prevented from making attendance.”

4. The petitioner’s case, in brief, is that initially the petitioner was directed to join at Naudiha, in the district of Nalanda, but upon verification when it was found that, post of teacher in History is not available in that school. Thereafter, the petitioner joined at High School, Arathua, and continued to discharge his duties to the satisfaction of all concerned. After joining, petitioner's Service Book, GPF account etc. were also opened by the department in January 1988, and payment of salary started to the petitioner on regular basis. Subsequently, vide Memo No. 886 dated 29.06.1998, the petitioner was transferred to the Navjivan High School, Kurwan, wherein the petitioner gave his joining on 16.07.1998. After a very long period, about 16 years of satisfactory service, actual problems started for the petitioner, on account of Memo No. 936 dated 08.05.2004, issued by the department of secondary education, whereby and whereunder the services of the petitioner was terminated, on account of the allegation of forged appointment. By the aforesaid impugned letter several persons, (to be precis

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