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Patna High CourtCWJC/918/2019disposed

Kaushal Kishore Jha v. The State Of Bihar

2024-03-19Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.918 of 2019 ====================================================== Kaushal Kishore Jha S/o Sri Kapileshwar Jha Resident of Village-Tardiha,P.S. Jadishpur,Dist.-Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary Education Department Govt. of Bihar, Patna 3.

The Director Mass Education Bihar, Patna 4.

The District Magistrate, Jamui 5.

The District Education Officer, Jamui 6.

The District Education Officer, Bhagalpur 7.

The Programme Officer, Nonformol Education Jagdishpur, Bhagalpur 8.

The District Public Education Officer, Bhagalpur 9.

The Head Master in-charge High School Arha Block Aliganj, Dist.-Jamui ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Kumar Jain, Advocate For the Respondent/s :

Mr. Madhaw Pd. Yadaw, GP-23 Mr. Arvind Kumar, AC to GP-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN CAV JUDGMENT Date : 19-03-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is aggrieved by the order dated 30.12.2017, as contained in Memo No.2380, issued by the District Education Officer, Jamui by which the services of the petitioner has been terminated.

3. It appears from the order as contained in Annexure-12 that the experience certificate of the petitioner was

Patna High Court CWJC No.918 of 2019 dt.19-03-2024 2/3 found to be forged and thereafter the decision was taken to cancel the appointment and recovery of the entire amount paid to the petitioner in one go and further legal actions.

4. Mr. Rajendra Kumar Jain, learned counsel for the petitioner, submits that the petitioner's certificate are genuine and he has been condemned unheard.

5. On the other hand, it is submitted on behalf of the respondents State that the decision against the petitioner was taken after giving him appropriate opportunity of hearing.

6. Under the aforesaid circumstances, it would be in the interest of justice to remit the matter back to the District Education Officer, Jamui to provide appropriate opportunity to the petitioner to establish that the certificates possessed by him procuring the job is legal and valid. After hearing, if the District Education Officer, Jamui reaches to the conclusion that the certificates possessed by the petitioner in procuring job were forged, then the order dated 31.12.2017 shall be given effect to. The said exercise must be completed by the District Education Officer, Jamui within four weeks from the date of production of a copy of this order before him.

7. Needless to state that the District Education Officer, Jamui shall be held liable for non-compliance of this

Patna High Court CWJC No.918 of 2019 dt.19-03-2024 3/3 order within the stipulated period.

8. With the aforesaid observation and direction, this writ application stands disposed of (Anjani Kumar Sharan, J) Trivedi/- AFR/NAFR NAFR CAV DATE 11.03.2024 Uploading Date 20.03.2024 Transmission Date NA