Rajnish Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16437 of 2022 ====================================================== Rajnish Ranjan S/o Late Kamta Sharma Resident of Village- Taret, P.O. and P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director Primary Education, Bihar. 2.

The District Magistrate, Patna.

3.

The Panchayat Secretary, Gram Ajwan, Block- Naubatpur, Patna. 4.

The Mukhiya, Gram Ajwan, Block Naubatpur, Patna. 5.

Sri Shrutidhar Sharma son of Late Tapeshwar Sharma, Resident of VillageTarait, P.O. and P.S.- Naubatpur, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhaneshwar, Adv.

For the Respondent/s :

Mr. Madanjeet Kumar (GP 20) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 02-12-2022

1. The petitioner by way of this writ petition has prayed as under :- "1. That the instant writ petition is being filed on behalf of above named petitioner praying for issuance of an appropriate writ/writs, order/orders, direction/directions for quashing the order contained in memo no. 8959 dated 08/04/2019 passed in Appeal case no. A 3283/2018 by the Hon'ble State Information Commission, Bihar whereby and where under the Hon'ble Commission has exceeded its jurisdiction and has directed to bring the entire matter in the knowledge of Director General, Vigilance Department, Government of Bihar and/or to pass such other order/orders as your Lordships may dim fit and proper on the facts and circumstances of the case."

2. The counsel appearing for the petitioner has refused to argue the case. In the said background, the petitioner's case was examined as per the submissions made in his writ petition.

Patna High Court CWJC No.16437 of 2022(2) dt.02-12-2022 2/3

3. The petitioner states that he was appointed as a primary school teacher on 14.08.2010 and he joined on 16.08.2010. He passed the Elementary Teachers Evaluation Examination 2013 and his pay was fixed from time to time. His testimonials and documents were lost in 2014 while he was travelling in train and for the said purpose, he lodged an FIR at Naubatpur Police Station, Patna on 21.10.2014, whereafter he learned that the State Information Commission passed an order upon an application of respondent no. 5 to get the matter examined from the Director General, Vigilance vide order dated 26.03.2019.

4. The petitioner assails the order by which the State Information Commissioner has directed the matter to be enquired into by Director General, Vigilance Bihar Patna.

5. The petitioner submits that before passing such an order, the State Information Commissioner did not give any opportunity of hearing to the petitioners and the case before the concerned Vigilance Office is pending since then. In the opinion of this Court, any official on coming to know about any forgery committed, has a right to get the matter examined from the Vigilance Cell and for the said purpose, no previous opportunity of hearing is required to be given to any individual. A person

Patna High Court CWJC No.16437 of 2022(2) dt.02-12-2022 3/3 who has been appointed allegedly or fraudulent basis or by forgery does not have any substantive right created in his favour. Therefore, principles of natural justice shall have no play in such matters.

6. In view of above, the writ petition fails and is accordingly dismissed.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 23 U