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IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11447 of 2015

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Dharmendra Kumar Son of Sri Jairam Singh resident of Village - Chatarpur,

PO PS - Parwalpur, District - Nalanda.

... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Principal Secretary, Secondary Education Department, Human

Resources Development, Bihar, New Se

3. The Director, Secondary Education Department, Budh Marg, Patna.

4. The District Education Officer, Gaya.

5. The Deputy Director Secondary Education Department, Budh Marg, Patna.

6. The Headmaster of High School Amas, P.O. P.S. - Aams, District - Gaya.

... ... Respondent/s

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Appearance :

For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate

For the Respondent/s : Mr. Arvind Kumar-1, S.C.13

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA

ORAL ORDER

10 29-01-2026 Heard learned counsel for the petitioner and learned

counsel appearing for respondent-State.

2. In the present writ application, the petitioner has

challenged the order dated 22.07.2011 contained in Memo

No.616 issued under the signature of Director, Secondary

Education Department, Govt. of Bihar, Patna by which the

petitioner has been refused to be reinstated in service.

3. This petitioner was earlier also removed from

service vide order dated 08.05.2004 contained in Memo No.936,

which was challenged by the petitioner vide C.W.J.C. No.6744

of 2008. In the said writ application, after hearing the parties,

Patna High Court CWJC No.11447 of 2015(10) dt.29-01-2026

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final order was passed on 21.01.2009 (Annexure-6) by which

the earlier order of termination dated 08.05.2004 was quashed

giving liberty to the respondent to proceed afresh in accordance

with law in light of Supreme Court’s decisions. The Supreme

Court’s decisions referred to in the order is at Annexure-3 in

which the Hon’ble Supreme Court while considering a similar

matter had held and observed that in the absence of relevant

materials being placed before it regarding the alleged fake

appointment letter, the Supreme Court was not inclined to

entertain the S.L.P. and it was accordingly dismissed.

Resultantly, the order quashing the termination stood confirmed.

However, the Supreme Court left it open to the petitioners-State

of Bihar to take appropriate action in light of the outcome of the

criminal prosecution, if any, launched against the respondent of

that case.

4. The purport of the order dated 21.01.2009 passed in

C.W.J.C. No.6744 of 2008 (Annexure-6) read with order dated

17.12.2003 passed by Hon’ble Supreme Court in SLA (Civil)

No.1155 of 2004 is clear to the extent that the issue relating to

quashing / setting aside of termination on account of alleged

fake certificate had attained finality before the Hon’ble Supreme

Court and it was no more open for the State to reopen this issue

Patna High Court CWJC No.11447 of 2015(10) dt.29-01-2026

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and again terminate the services of the petitioner on the same

count. The respondent-State was bound to reinstate the services

of the petitioner in compliance of order dated 21.01.2009 passed

in C.W.J.C. No.6744 of 2008 and after reinstating the petitioner,

the respondent-State was under obligation to pay the entire back

wages/ salary and other consequential benefits. However,

instead of complying with the order dated 21.01.2009 passed in

C.W.J.C. No.6744 of 2008, the respondent-Director, Secondary

Education Department, Govt. of Bihar, Patna acted brazenly and

once again reopened the issue relating to alleged fake

appointment letter and refused to reinstate the petitioner in

service, in clear violation of the order dated 21.01.2009 passed

in C.W.J.C. No. 6744 of 2008 (Annexure-6).

5. In light of the facts and circumstances noted above,

this Court is compelled to direct for personal appearance of the

Director, Secondary Education, Govt. of Bihar, Patna to be

personally present on the next date to ex