Bipin Kumar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 3632 of 2015 =========================================================== Bipin Kumar Singh Son of Ram Pramod Singh resident of village - Ram Nagar, P.O. Dholi, District - Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary, Education Department, Bihar

3. The Regional Deputy Director of Education, Muzaffarpur

4. The Sub - Divisional Education officer, Bagha, District - West Champaran

5. The Principal, Teachers Training College, Pokhraira, District - Muzaffarpur .... .... Respondent/s =========================================================== For the Petitioner/s : M/s Pradhan Murli Manohar Prasad, Raju Kumar Goswami, Advocates For the S t a t e : N O N E =========================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 31-08-2018 Heard learned counsel for the petitioner. None appears for the State.

Petitioner has filed this writ petition claiming that this Court may direct for accepting of his joining pursuant to his transfer under order dated 26.03.1994. The same relief was prayed for by the petitioner in the proceedings arising out of CWJC No 11366 of 2004 on 01.12.2006. The said writ petition was disposed of with a direction to the authorities to consider the case of the petitioner for his joining as was claimed by him.

The transfer order is said to have been issued by the office of Regional Deputy Director of Education, Tirhut Division, Muzaffarpur (for brevity, RDD) transferring the petitioner as Clerk in

Patna High Court CWJC No.3632 of 2015 dt.31-08-2018 2/2 the office of the Principal, Teachers' Training College, Pokhraira, Muzaffarpur. Upon the aforesaid direction issued on the petitioner's earlier writ petition, the matter was examined and the order dated 29.12.2011 bearing Memo No 1992 has been issued by the RDD. Neither the petitioner's alleged appointment letter dated 31.01.1994 bearing Memo No 1978, nor the transfer order allegedly issued within three months of his appointment on 26.03.1994, referred to hereinabove, were found to be born from the records of the office. The RDD has found that the said letters were false and never issued by the said offices. Specific stand has been taken by the respondents in the counter affidavit.

There is no rejoinder to dispute the said facts in the instant proceedings, and stand of the respondents is admitted, in absence of any denial. The petitioner's appointment letter and transfer order have been found false. He, thus, cannot claim any right on the basis of such false and ingenuine appointment and transfer order.

The writ petition is devoid of merit and is dismissed. (Madhuresh Prasad, J) M.E.H./- AFR/NAFR NAFR CAV DATE NA Uploading Date 06.09.2018 Transmission Date NA