Sabnam Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6272 of 2012 ====================================================== Sabnam Kumari W/O Sanjay Kumar Singh R/O Village- Asurari Gachhi Tola, P.S.- Barouni, District- Begusarai ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Principal Secretary Human Resources Department, Government Of Bihar, Patna 3.

Director, Primary Education, Bihar, Patna 4.

District Magistrate, Begusarai 5.

Block Education Extension Officer, Barouni, District- Begusarai 6.

District Teachers Employment Appellate Authority, Begusarai, Through Its Member 7.

Mukhiya, Hajipur Panchayat, Begusarai 8.

Panchayat Secretary Hajipur Gram Panchayat, Begusarai 9.

Sudha Kumari D/O Ramji Singh R/O Village-Hajipur, P.S.- Bachhbara, District- Begusarai 10.

Raj Laxmi W/O Manoj Kumar Paswan And D/O Ramesh Chandra R/O Village- Jokia, P.S.- Bagaha, District- Begusarai 11.

Pankaj Prabhat S/O Yogendra Singh R/O Village- Mahabirpur,P.S.- Shahpur Kamal, District- Begusarai 12.

District Programme Officer (Establishment), Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar For the Respondent/s :

Mr.Abhay Shankar Jha Sc14 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-04-2019 The learned Principal Secretary, Human Resources Department, Government of Bihar, Patna is present in the Court and a supplementary affidavit has been filed on behalf of the respondents, wherein it has been stated that as far as the respondents no. 9 and 10 are concerned, their certificates have been found to be forged and in pursuance thereof, while action has been taken against the respondent no. 9, appropriate

Patna High Court CWJC No.6272 of 2012(9) dt.10-04-2019 2/3 directions have been given to the employment unit for termination of the services of the respondent no. 10. It is further submitted that as per the report received from the Bihar School Examination Board, the certificates of respondent no. 11 have been found to be genuine, hence no action is required to be taken against him.

Having regard to the facts and circumstances of the case, this Court appreciates the prompt action taken by the learned Principal Secretary, even though he had come to know about the present case yesterday only, hence his personal appearance is dispensed with.

In view of the submissions made on behalf of the respondents, the respondents are directed to take appropriate and consequential actions.

The learned counsel for the petitioner submits that the present writ petition be disposed off in light of the submissions made by the respondents, however the order of the Appellate Authority be also modified accordingly. Having considered the facts and circumstances of the present case, the present writ petition stands disposed of, however, with a further direction that the order dated 11.01.2012 passed by the District Teachers Employment Appellate

Patna High Court CWJC No.6272 of 2012(9) dt.10-04-2019 3/3 Authority, Begusarai shall stand modified to the aforesaid extent i.e. to the extent that the employment of the respondents no. 10 and 11 shall no longer be deemed to be valid and accordingly, fresh steps shall be taken by the respondents to fill up the vacant posts wherein the case of the petitioner shall also be considered in accordance with law.

(Mohit Kumar Shah, J) rinkee/- U