Rakesh Kumar Chandel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15120 of 2024 ====================================================== Rakesh Kumar Chandel Son of Madan Prasad Chandel Resident of Bari Pahari Saraia, P.O. and P.S.- Sohsarai, District- Nalanda. ... ... Petitioner/s

Versus

1.

The State of Bihar through Additional Chief Secretary, Law Department, Bihar, Patna.

2.

The Convener, Centralized Selection and Appointment Committee-cumDistrict and Sessions Judge, Patna. 3.

The Registrar General, Patna High Court, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudarshan Kumar, Adv.

For the State :

Mr. Sarvesh Kumar, GP-24 For the Resp no. 2 & 3 :

Mr. Satyabir Bharati, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 04-10-2024 The petitioner has challenged an order of rejection of his candidature by the Centralized Selection and Appointment Committee-cum-District and Sessions Judge, Patna, stating, inter alia, that the petitioner was selected in all stages of examination and interview and is a fit candidate for being appointed in the District Court Establishment. However his candidature was rejected on the ground that in the relevant column where it was asked, "Are you a government employee who has rendered not less than three years of regular and continuous service?" he replied in negative.

2. It is contended by Mr. Sudarshan Kumar, learned advocate on behalf of the petitioner that the petitioner was an

Patna High Court CWJC No.15120 of 2024(2) dt.04-10-2024 2/3 employee of Indian Railways which is a Union Government Undertaking in Group-D post, therefore he stated that he is not an employee of Bihar Government.

3. The learned advocate on behalf of the respondents has submitted a photostat copy of the original application where before declaration there is column:- Employment Details Designation Date of joining Pay Scale Name of employer Date of grant/ applied for Permission/NOC

4. The petitioner omitted to fill up the said column. He also did not got the permission from the present employer to appear in the selection process.

5. I am surprised to note that a copy of the application form of the petitioner has been annexed with the petition as Annexure P-2. In Annexure P-2, the above mentioned column was absolutely deleted and suppressed.

6. This is prima facie, a case of forgery in the judicial process of the Court and the Learned District and Sessions Judge, Patna is directed to initiate a proceeding under Section 340 of the Code of Criminal Procedure against the petitioner.

7. A copy of this order be sent to the Chairman, Centralized Selection and Appointment Committee-cum-District & Sessions Judge, Patna for his information and doing the

Patna High Court CWJC No.15120 of 2024(2) dt.04-10-2024 3/3 needful.

8. The instant writ petition is summarily dismissed. (Bibek Chaudhuri, J) Suruchi/- U