Saryug Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5800 of 2014 ====================================================== Saryug Prasad son of Late Hari Mahto resident of Mohalla - Sansar Pokhar, P.O. + P.S. Lakhisarai, District - Lakhisarai ... ... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary, Department Of Human Resources, Government Of Bihar, Patna

2. The Director, Primary Education Bihar, Patna

3. The Regional Deputy Director Of Education ( R.D.D.E. ), Munger

4. The District Magistrate, Jamui

5. The District Superintendent Of Education - Cum - Sub - Division Education Officer, Jamui

6. The Block Education Extension Officer, Jhajha, District - Jamui ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Respondent/s :

Mr. Amit Bhushan, AC to GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-08-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Learned counsel submits that the order contained in Annexure-7 was passed behind the back of the petitioner and without initiating a regular departmental proceeding against the petitioner.

Learned counsel appearing on behalf of respondents submits that in this case the certificate of the petitioner was sent to the Bihar School Examination Board for verification and on verification certificate was found forged. Admittedly, petitioner was not heard before passing order adverse to the interest of the

Patna High Court CWJC No.5800 of 2014(3) dt.24-08-2018 2/2 petitioner.

In view of the above, the writ petition is allowed. Annexure-7 is quashed. The respondents are directed to give opportunity of hearing to the petitioner including the opportunity to the petitioner to establish that the certificate obtained by the petitioner is genuine and in the event during inquiry the petitioner establishes that this certificate obtained from the Bihar School Examination Board are genuine and respondents are satisfied with such explanation, they may pass appropriate order in favour of the petitioner. In the event the certificate of the petitioner is found to be forged, the respondent are hereby directed to register criminal case against the petitioner for using the forged certificate.

With the aforesaid, the writ petition stands disposed of.

(Anil Kumar Upadhyay, J) Ravi/- U