Shashi Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 1185 of 2015 =========================================================== Shashi Kumar son of Sri Mohan Pandit resident of Mohalla - Hajipur, Ward No. 12, P.O. Khagaria, Distt. - Khagaria .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, General Administrative Department, Government of Bihar, Patna

2. Bihar Prashashnik Sudhar Mission Society, Bihar, Patna

3. The Director, Bihar Prashashnik Sudhar Mission Society, Bihar, Patna

4. The Additional Director, Bihar Prashashnik Sudhar Mission Society, Bihar, Patna

5. The District Magistrate, Khagaria

6. The District Information Technology Manager, Khagaria

7. The Estb. Dy. Collector, Khagaria

8. The Sub-Divisional Officer, Khagaria

9. The Block Development officer, Alouli, Khagaria

10. The Circle officer, Khagaria .... .... Respondent/s =========================================================== For the Petitioner/s : M/s Manoj Kr Singh & Chandan Kr Verma, Advocates For the Respondent/s : Mr Sheo Shankar Pd, SC VIII =========================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 01-05-2018 Heard learned counsel for the petitioner and the learned counsel for the respondents.

2 The writ petition has been filed seeking quashing of the Memo dated 16.10.2014 issued by the District Magistrate, Khagaria terminating the petitioner's contractual services as Block IT Assistant.

3 The action has been taken since caste certificate in respect of one applicant was issued by the petitioner on 12.06.2014 under Certificate No 1656. The report of the Halqa Karamchari, which should have formed the basis of the certificate, was not

Patna High Court CWJC No.1185 of 2015 dt.01-05-2018 2/2 received till 20.06.2014. Having found such irregularity during inspection by the authorities, a show cause was issued to the petitioner under letter dated 15.07.2014. Petitioner has responded to the same. The learned counsel for the petitioner submits that the action has been taken without considering the fact that the certificate was signed by the Circle Officer.

4 Counter affidavit has been filed by the State. Specific stand of the State is that the petitioner has also manipulated the relevant application form by backdating the signature and other necessary formal entries in the records. Having considered the gross misdeeds and irregularities, it was decided not to continue his contractual services. Annexure B to the counter affidavit is a letter dated 28.09.2014 written by the petitioner to the District Magistrate, Khagaria wherein guilt stands admitted. No rejoinder has been filed to the counter affidavit even disputing the said facts. 5 In light of the consideration hereinabove, this Court does not consider it appropriate to issue any direction in favour of the petitioner.

6 The writ petition is devoid of merit and is dismissed. (Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 02.05.2018 Transmission Date NA