Rita Devi v. The State Of Bihar Through The Principal Secretary, Department Of Home, Govt. Of Bihar, Patna And O

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1106 of 2016 ======================================================

1. Rita Devi Wife of Harendra Kumar Resident of Vill-Ibrahimpur O.P. and P.S.-Sakurabad, District- Jahanabad .... .... Petitioner/s

Versus

1. The State of Bihar Through The Principal Secretary, Department of Home, Govt. of Bihar, Patna & Ors

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

3. The Cillector, Jahanabad

4. The Suprintendent of Police Jahanabad

5. The Thana Prabhari, Parashbigha, District- Jahanabad

6. The District Programm Officer, Jahanabad

7. The Block Education Officer, Jshanabad

8. The Panchayat Sachiv + Gram Panchayat Raj, Goyanwan, Jahanabad

9. Balwanti Devi Wife of Arun Kumar Ex- Mukhiya, Gram Panchayat Raj, Goyanwan

10. Present Mukhiya, Gram Panchyat Raj, Goyanwan

11. The Headmaster Prathmik Vidyalaya, Kaldi, Jahanabad .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Girjanand Prasad For the Respondent/s : Mr. Sheo Shankar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-11-2016 Heard the parties.

The petitioner seeks quashing of the First Information Report of Parasbigaha P.S. Case No. 114 of 2016, in the light of order of a Division Bench of this Court, dated 22.06.2015 passed in C.W.J.C. No. 15459 of 2014.

It is alleged against the petitioner that she, on the basis of forged documents secured her appointment as Panchayat Teacher. The Division Bench of this Court by the said order, dated 22.06.2015 desired, keeping in view the magnitude of fraud involved that general amnesty to persons coming out honestly should be given. The State was directed to ensure that a notice to

Patna High Court Cr. WJC No.1106 of 2016 (2) dt.24-11-2016 2/2 this effect was published in print and electronic media within two days. The notice was, in fact, published by the State Government requiring such appointees to declare voluntarily that their appointments were based on forged documents. The said declaration, under the notice, was to be made by 15.07.2015. It is the case of the petitioner that she had submitted her resignation on 07.07.2015.

I have seen the said resignation letter, which has been brought on record by way of annexure-2. A reason for her sustained illness, has been given as ground for resignation. It has also been brought to my notice that even after 15.07.2015, the petitioner had continued to work as Primary Teacher (untrained). The case of the petitioner is not thus covered by the decision of Division Bench of this Court, as noted above since the petitioner did not voluntarily declare that her appointment was made on the basis of forged documents.

This application has no merit and is, accordingly, dismissed.

(Chakradhari Sharan Singh, J) sunil/-c U