Rang Bahadur Pandey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19731 of 2014 =========================================================== Rang Bahadur Pandey, Son of Late Ram Nanam Pandey, Presently working as Panchayat Teacher in Primary School, Kothuwan, P.S. Karghar, Block - Kochas, District - Rohtas (Sasaram). .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Education Department, Government of Bihar, Patna

3. The District Magistrate, Rohtas

4. The District Education officer, Rohtas

5. The District Programme Officer (Establishment), Rohtas, Sasaram

6. The Block Development Officer, Kochas, District - Rohtas

7. The Block Education Officer, Kochas, District - Rohtas

8. The Panchayat Secretary of the Gram Panchayat, Agarsi, Dihara, P.S. Karaghar, Block - Kochas, District - Rohtas

9. The Mukhiya of the Gram Panchayat, Agarsi Dihara, P.S. Karghar, Block - Kochas, District - Rohtas. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Prasad Singh, Sr. Advocate Mr. Nawal Kishor Singh, Advocate For the Respondent/s : Mr. Kaushal Kumar Jha, AAG-14 =========================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT Date: 06-08-2018 Heard learned counsel for the petitioner and State.

2. The petitioner is aggrieved by non-payment of salary notwithstanding the order passed by the District Teachers Appointment Appellate Authority, Rohtas at Sasaram in favour of petitioner.

3. From perusal of order of the District Teachers Appointment Appellate Authority, Rohtas at Sasaram, as contained in Annexure-4, it appears that at the relevant time, the service of the petitioner was cancelled on the ground of fake mark-sheet. The Appellate Authority proceeded on the basis that within the reasonable time the respondent appointing authority have not examined the

Patna High Court CWJC No.19731 of 2014 dt.06-08-2018 2/2 genuineness of the certificate and, as such, the Appellate Authority directed reinstatement of the petitioner.

4. In the matter where there is allegation of using forged certificate, the payment will be abided by the final outcome of the genuineness of the certificate.

5. Under the aforesaid circumstance, the writ application is disposed of with a direction to the District Programme Officer (Establishment), Rohtas to examine the genuineness of the certificate of the petitioner within a period of four months from the date of receipt/production of a copy of this order and if it is found that the certificates of the petitioner are forged then the respondent authority is required to take appropriate action against the petitioner. In the event, the certificates are found to be genuine after verification within the time frame as indicated herein above, it shall be the obligation of the District Programme Officer (Establishment), Rohtas to see that the entire payment admissible to the petitioner on account of order passed by the Appellate Authority be paid within a further period of one month from the date of such decision. (Anil Kumar Upadhyay, J) Uday/- AFR/NAFR NAFR CAV DATE NA Uploading Date07.08.2018 Transmission Date