Daya Sagar Verma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 1809 of 2015 =========================================================== Daya Sagar Verma, Son of Sri Satya Narayan Prasad Verma, Resident of Village +P.O-Bichhwe, P.S-Sikandra, District - Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar

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

3. The Director, Primary Education, Government of Bihar, Patna.

4. The District Education Officer, Jamui.

5. The Block Education Officer, Islam Nagar, Aliganj, Jamui.

6. The Superintendent of Police, Jamui.

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

For the Petitioner/s :

Mr. Amresh Kumar and Mr. Mohan Kumar Singh, Advocates For the State :

Mr. Karandeep Kumar, A.C. to G.P. 6 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 25-10-2018 Prayed is made on behalf of learned counsel for the petitioner for time. Learned counsel for the State is present.

2. The petitioner has moved the Court for the following reliefs:

"1. That this application is being filed for directing the respondents to make payment of salary to petitioner which has not been paid since his joining on 24.12.2013 despite repeated representation of the petitioner.

2. That the petitioner prays for following RELIEFS i) That the respondents may be directed to make payment of salary of the petitioner.

ii) That any other relief or reliefs may be allowed which will be just, proper and equitable on the opinion of this Hon'ble Court.

Patna High Court CWJC No.1809 of 2015 dt.25-10-2018 2/3

3. In order to get the genuineness of the certificates verified, the Court had directed it to be so done from the Issuing Authority. This was in the background of the fact that the police had given the petitioner a clean chit based on some communication by the authority who issued the certificate stating that the said was genuine. However, in the direct communication with the Issuing Authority, it has transpired that the certificates were forged and fabricated.

4. In such background, by order dated 25.09.2018, the Court had required the Superintendent of Police, Jamui to file an affidavit as to how without verification from the Issuing Authority, the police in its investigation had given a clean chit to the petitioner.

5. In terms thereof, the Superintendent of Police, Jamui has affirmed affidavit on 12.10.2018, in which it has been disclosed that he has recommended for action both against the then SDPO, Jamui as well as Sub-Inspector who was the Investigating Officer in the case at the relevant time, for their conduct in wrongly giving a clean chit to the petitioner.

6. In view of the aforesaid, the Court would require that matters are taken to their logical conclusion by the authorities and responsibility fixed so that in future such grave misconduct is not committed by the police officers.

7. However, coming to the merits, since the certificate

Patna High Court CWJC No.1809 of 2015 dt.25-10-2018 3/3 of the petitioner has been found to be forged and fabricated, upon verification from the Issuing Authority, the Court finds that the petitioner is not entitled to the relief claimed.

8. Accordingly, the writ petition stands dismissed. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U