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Patna High CourtCWJC/15459/2014disposed

Ranjeet Pandit And ANR v. The State Of Bihar And ORS

2016-12-05Mr. Justice Vikash Jain,Mr. Justice Hemant Gupta3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15459 of 2014 ===========================================================

1. Ranjeet Pandit, Son of Sri Parsuram Pandit, Resident of Gajipur, Post- Ufroul, P.S.- Deshri, District- Vaishali at Hajipur.

2. Purander Sawariya, son of Sri Ramashray Prasad Singh, R/o 11, Kautilyapuri, Opposite S.P. Residence, Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Chief Secretary, Government of Bihar, Patna.

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

4. The Union Government of India through Home Secretary, Government of India New Delhi.

5. The Secretary, Department of Personnel and Training, Government of India, New Delhi.

6. The Director, CBI, New Delhi.

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

For the Petitioners :

Mr. Dinu Kumar, Advocate Mr. Pankaj Kumar, Advocate Mr. Maya Shankar Mishra, Advocate For the Respondents-State :

Mr. Lalit Kishore P. A. A.G.-I Mr. Bishwa Bibhuti Kumar Singh, A.C. to P.A.A.G.-I For the Vigilance :

Mr. Ramakant Sharma, Senior Advocate Mr. Rabindra Kumar, Advoate For the C.B.I.

:

Mr. Sanjay Kumar, S.C. C.B.I.

For the Governor of Bihar :

Mr. Rajendra Kumar Giri, Advocate For the Intervenor :

Mr. Shashi Shekhar Tiwary, Advocate =========================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE And HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE) Date: 05-12-2016 The grievance of the petitioners is that since the year 2006, many appointments have been made by the State as teachers, such as Senior Secondary Secondary Teachers, Elementary Teachers, Librarians, and some of candidates, so appointed, have submitted forged certificates. This Court has issued directions from time to time to the Vigilance Department to carry out the investigations. After the

Patna High Court CWJC No.15459 of 2014 dt.05-12-2016 2/3 investigation was started, almost three thousand candidates have resigned. The Vigilance has carried out investigations in respect of the candidates and has submitted progress reports from time to time. The progress report as on 19th September, 2016 shows the following figures:- Sl No.

Category Total no.

of teachers Certificates received No.

of certificates verified No.

of certificates pending No.

of Certificates found fake No.

of cases registered No.

of persons involved Senior Secondary 11787 65276 59507 Secondary 27897 122661 93092 29669 Librarian Elementary 323386 158449 folders have been received till date 46649 - Total 365152 206170 36839 Progress report on behalf of the Vigilance Investigation Bureau as on 05.12.2016 has been filed today in Court. The same is taken on record. The progress report as on 5th December, 2016 shows the following figures:- Sl No.

Category Total no.

of teachers Certificates received No.

of certificates verified No.

of certificates pending No.

of Certificates found fake No.

of cases registered No.

of persons involved Senior Secondary 11787 65276 59507 Secondary 27897 122661 95297 27364 Librarian Elementary 323386 185119 folders have been received till date 68929 - Total 365152 230682 34507

Patna High Court CWJC No.15459 of 2014 dt.05-12-2016 3/3 A perusal of the above tables would show that vigilance has conducted gigantic task in finding out the submission of forged certificates by the candidates. It appears that in almost one per cent of cases, the forgery has been found and testimonial of large number of candidates is yet to be examined whereas; testimonial of large number of candidates has been examined. Therefore, we do not wish to continue with the continuous monitoring of investigation by the vigilance. Accordingly, this writ application is disposed of with a direction to the Vigilance to complete the investigations and take appropriate action in accordance with law.

(Hemant Gupta, ACJ) (Vikash Jain, J) Sunil AFR/NAFR N.A. F. R CAV DATE N. A.

Uploading Date 13.12.2016 Transmission Date