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ANJANI KUMAR SHARAN
Bal Swaroop Singh – Appellant
Versus
State of Bihar – Respondent
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 quash
The main legal point established in the judgment is the void ab-initio nature of the appointment based on forged and fabricated documents, leading to the termination of the petitioner's services.
The court reaffirmed that judicial decisions regarding employment rights must be respected, and that grounds for termination or denial of appointment must be substantiated with valid evidence, partic....
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