Neutral Citation Number: 2023:DHC:3459

W.P.(C) 1668/2014

Page 1 of 8

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

W.P.(C) 1668/2014

KIRAN THAKUR

..... Petitioner

Through:

Ms.

Anupama

Sharma,

Advocate

versus

RESIDENT COMMISSIONER

BIHAR BHAVAN

..... Respondent

Through:

Mr.

Abhinav

Singh,

Mr.

Manish Kumar, Ms. Shaswati

Parhi,

Advocates

(M:7210088888)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

J U D G M E N T

18.05.2023

MINI PUSHKARNA, J.

1.

The present writ petition has been filed for setting aside the

order dated 21.02.2014 issued by the respondent, Bihar Bhawan,

terminating the service of the petitioner.

2.

The petitioner was given compassionate appointment in Bihar

Bhawan in Group-IV, after the death of her husband, who was

working as driver with the Bihar Bhawan. During the course of her

service, show Cause Notice dated 09.09.2009 was issued to the

petitioner on the allegation that she was always creating nuisance

loudly under the influence of alcohol day and night, thereby causing

inconvenience as well as disturbance to the neighbour families and

guests residing in Bihar Bhawan. In the said show cause notice, it was

Digitally Signed By:PURAN

SINGH TARIYAL

Signing Date:19.05.2023

09:30:59

Signature Not Verified

Neutral Citation Number: 2023:DHC:3459

W.P.(C) 1668/2014

Page 2 of 8

further alleged that the petitioner had threatened the staff car driver in

the office room of the Assistant Manager. Thereafter, on the same

date, the petitioner was suspended vide office order dated 09.09.2009

for misconduct and indiscipline for the offence of misbehaviour under

the influence of liquor, assault and abuse to residential employees in

staff quarter and for threatening the staff car driver.

3.

During the suspension period, in the course of preliminary

inquiry conducted by the respondent, it came to the fore that

certificate submitted by the petitioner in support of her qualification as

Class 8^th pass issued by the Headmaster, Middle School Kachhuwa,

Yogipara, Darbhanga, Bihar, was a forged document. The date of

passing of 8^th class by the petitioner was shown as 10.02.1988,

whereas the study of 8^th class was started in that school only in the

year 2007. Letter dated 18.11.2009 was sent by the Secretary to the

State Government, Department of Human Resource Department,

Bihar, Patna to the Resident Commissioner, Bihar Bhawan, New

Delhi in this regard.

4.

Pursuant to the aforesaid, letter dated 07.12.2009 was issued to

the petitioner to present her clarification as to why necessary

disciplinary action should not be initiated against her regarding her act

of submitting forged educational certificate as proof of her academic

qualification, thereby procuring state government job in a fraudulent

manner and also indulging in act of misconduct.

5.

Subsequently, departmental proceedings were initiated against

the petitioner vide office order no. 173 dated 15.02.2011 on the

allegations of submission of forged educational qualification

Digitally Signed By:PURAN

SINGH TARIYAL

Signing Date:19.05.2023

09:30:59

Signature Not Verified

Neutral Citation Number: 2023:DHC:3459

W.P.(C) 1668/2014

Page 3 of 8

certificate by the petitioner. Charge sheet dated 27.02.2011 was

issued, to which the petitioner submitted her reply dated 03.06.2011.

6.

Thereafter, Inquiry officer was appointed who duly conducted

the inquiry qua the allegations against the petitioner. By letter dated

07.06.2011, the Inquiry Officer submitted his report. In his report, the

Inquiry Officer held that the charges against the petitioner were

proved. He held