Appointments made on the basis of forged documents can be equated with back door entry and such appointees must not be allowed to continue. The employee who tries to dupe the employer cannot be considered for a lenient view, justifying the dismissal and recovery of salary.

JUDGMENT :

Heard the parties.

2. The petitioner has approached this Court with a prayer for quashing the order contained in Memo No. 316 dated 17.4.2015 issued by the Divisional Forest Officer, Latehar, whereby the service of the petitioner has been dismissed with immediate effect. Petitioner has also prayed for quashing of the letter no. 346 dated 25.4.2015 issued by Divisional Forest Officer, Social Commercial Division, Latehar, whereby an amount of Rs. 4,10,249/-, paid to the petitioner on account of salary, has been ordered to be recovered from the petitioner.

3. The case of the petitioner lies in a narrow compass. The petitioner joined as daily wage worker as Non-Matric Candidate on 1.4.1982 under Divisional Forest Officer, Latehar and thereafter continued to work to the satisfaction of his Controlling Authority (s), wherever the petitioner was posted. It is the case of the petitioner that in the year 2011, process for regularization of daily wagers was started and the petitioner submitted all the documents, as called for by the Deputy Commissioner, Latehar. The Deputy Commissioner, Latehar after verification of the documents regularized the service of the petitioner as Non Matric Candidate. Date of birth of the petitioner was shown in the certificate as 1.11.1963 and thereby, he was given age relaxation. Thereafter, the appointing authority issued the appointment letter contained in Memo No. 924 dated 28.11.2011 for the post of Peon to the petitioner and also directed to submit all the original educational certificates at the time of joining. As per the order of the Authority, all the documents were submitted before the Deputy Commissioner, Latehar. Respondent authorities sent the certificates of the petitioner for verification before the competent authority i.e. Bihar School Examination Board. On verification, the Bihar School Examination Board found that the certificate submitted by the petitioner is fake one, which shows that the petitioner was not a passed candidate, as he stood failed in the matric examination. On the report of the Deputy Secretary, Bihar School Examination Board, it was found that the petitioner was a failed candidate in the matriculation, as he obtained only 274 marks and his date of birth was mentioned as 1.11.1967. It was observed that the petitioner has intentionally submitted the matric certificate pass to get the benefits of the appointment, as also for consequential benefits. It is the case of the petitioner that he had never submitted the matric pass certificate and the certificate submitted by the petitioner was never sent for verification and only the Xerox copy of the certificate has been sent for verification. On the basis of submission of forged certificate, the petitioner was dismissed from service and he was compelled to knock the door of this Court.

4. Mr. Mukesh Kumar Dubey, learned counsel for the petitioner argued that the petitioner has illegally and arbitrary been dismissed from service without verifying his original certificate. Learned counsel submits that the petitioner submitted the original matriculation certificate and marks sheet, but strangely without verifying the original certificates, only the Xerox copy of the certificates have been sent for verification. Learned counsel submits that earlier the certificates of the petitioner were duly verified by the Deputy Commissioner, Latehar and thereafter, he was issued appointment letter and his service was regularized and as such, the order of dismissal is fit to be quashed and set aside.

5. Per contra, counter affidavit has been filed. Mr. Anil Kumar Singh, learned AC to GP-I representing the respondents vehemently opposes the contention of learned counsel for the petitioner and submits that verification report of the Bihar School Examination Board is crystal clear, which shows that a fake matric pass certificate was submitted by the petitioner for getting the appointment and the authorities were kept in dark. It was only after