Vidya Nand Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9792 of 2024 ====================================================== Vidya Nand Sharma Son of Late Gopal Sharma, Resident of Naubatpur, Gopalpur, P.S. - Naubatpur, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Education Department, Bihar, Patna.

2.

The Additional Chief Secretary, Education Department, Government of Bihar, Patna.

3.

The Principal Secretary, Bihar State Vigilence Investigation Bureau, Patna. 4.

The Director, Primary Education, Government of Bihar, Patna. 5.

The District Magistrate, Patna.

6.

The District Education Officer, Patna.

7.

D.P.O., Patna.

8.

The Sub-Divisional Officer, Danapur, Patna.

9.

The Circle Officer, Naubatpur, Patna.

10.

B.E.O., Naubatpur.

11.

The Panchayat Secretary, Gram Panchayat- Chairman, Naubatpur, Patna. 12.

Head Master, Primary School, Hirachak Gopalpur, Naubatpur. 13.

Shiv Bachan Singh @ Shiv Bachan Sharma @ Shiv Bhajan Sharma, Son of Late Nilkanth Singh, Resident of Village - Gopalpur, P.S. Naubatpur, District- Patna, Pin Code- 801109.

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

For the Petitioner/s :

Mr.Ram Tujabh Singh, Adv.

For the Respondent/s :

Mr.Standing Counsel (13) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-09-2024

1. The present writ petition has been filed seeking the following relief(s):- "1.(i). For a direction upon the respondents specially the respondent no. 3 to conduct an investigation in light of the representations submitted by the petitioner before different

Patna High Court CWJC No.9792 of 2024(2) dt.19-09-2024 2/3 authorities with a copy of the same to the respondent no. 3, wherein sufficient proof has been provided by the petitioner that the private respondent is functioning as a teacher in the Primary School, Heerachak by changing his identity i.e. name and date of birth.

(ii). For a direction upon the respondents concerned to take immediate departmental action upon the private respondent who has obtained the post of teacher by playing fraud and even after the petitioner has forwarded sufficient proof, no action has been taken by any of the respondents. (iii). For a direction upon the concerned respondent to remove the petitioner from the post of teacher at the earliest and further take steps to recover the amount paid to him as salary.

(iv). For a direction upon the concerned authority to take departmental action against the Circle Officer, Naubatpur for issuing false geneology certificate in favor of the private respondent on the basis of which the private respondent has procured the post of Panchayat Teacher by playing fraud."

2. At the outset, the learned counsel for the respondent-State submits by referring to the counter affidavit filed in the present case that the District Programme Officer, (Establishment), Patna, has already issued direction to the Panchayat Employment Unit Gram Panchayat Raj, Chiroura,

Patna High Court CWJC No.9792 of 2024(2) dt.19-09-2024 3/3 Naubatpur to take action against the private respondent no.13, for obtaining appointment by fraud as Panchayat Teacher, hence the grievances of the petitioner has stood redressed.

3. The learned counsel for the petitioner submits that the respondents be directed to conclude the proceedings expeditiously qua the private respondent no.13, in accordance with law. It is directed accordingly.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) sonal/- U