Ganesh Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15788 of 2017 ====================================================== Ganesh Singh, S/o Late Bindeshwari Prasad, Singh, Resident of VillageShajadpur, P.O.-Adarsh Laxmipur, P.S.-Barhiya, District-Lakhisarai. ... ... Petitioner/s

Versus

1. The State of Bihar, through Chief Secretary, Govt. of Bihar, Patna.

2. The Principal Secretary, Dept. of Home, Government of Bihar, Patna

3. The Director General of Police, Government of Bihar, Patna.

4. The Superintendent of Police, West Champaran, Bettiah.

5. The Deputy Superintendent of Police, West Champaran, Bettiah, P.O.-Adarsh Laxmipur.

6. Manoj Kumar, C/o Rajendra Singh, Resident of Village-Shahjadpur P.S.- Barahiya, District-Lakhisarai.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyendra Kumar Sinha, Adv.

For the Respondent/s :

Mr. Ravi Verma, AC to GA-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 05-10-2018 Heard Mr. Satyendra Kumar Sinha, learned counsel for the petitioner and Mr. Ravi Verma, learned AC to GA-4 for the respondent-State.

The present writ application has been filed for a direction to Respondent-Authorities for taking action against Respondent No.6, namely, Manoj Kumar, who was appointed as a Constable on 16.01.1989 in the District of Bettiah, West

Patna High Court CWJC No.15788 of 2017 dt.05-10-2018 2/3 Champaran, on the basis of a fake educational school certificate of Class-IX.

It is submitted by learned counsel for the petitioner that the petitioner sought information under the Right to Information Act from the office of the Superintendent of Policecum-Public Information Officer, Buxar with regard to educational certificate of Respondent No.6, on the basis of which, he has been appointed on the Constable post, whereupon, the Superintendent of Police-cum-Public Information Officer, Buxar, supplied the information to the effect that Respondent No.6 has been employed on the basis of Class-IX certificate, whereas, the petitioner claims that Respondent No.6 has not attended any school during his lifetime and hence, he has produced a fake educational certificate. Hence, the present writ application.

Learned counsel for the respondent-State submits that the writ application has been filed merely on the presumption as no documentary proof to the effect that Respondent No.6 has not attended any school has been brought on record. Considering the rival submissions of the parties, it appears that the petitioner has sought for an enquiry only on the basis of presumption, but it does not appear that either the

Patna High Court CWJC No.15788 of 2017 dt.05-10-2018 3/3 petitioner has any locus or made any complaint before the employer of Respondent No.6, this Court is not inclined to interfere.

Accordingly, the writ application stands dismissed. (Dinesh Kumar Singh, J) Ashwini/- AFR/NAFR CAV DATE Uploading Date Transmission Date