Dismissed

Harendra Raut @ Harendra Prasad v. the State of Bihar and Ors.

Patna HC25 Sept 2013CWJC/12660/2012

Case brief

AI extract

What is this about?

In a writ petition alleging fraudulent procurement of government service and death benefits by impostors, the petitioner sought a direction to enquire. The Court noted the State had already conducted the enquiry as directed, rendering the petition infructuous, and dismissed it as an internal family dispute.

What did the court decide?

The writ application is dismissed as it has become infructuous having already been acted upon by the respondent authorities.

Harendra Raut @ Harendra Prasad Vs the State of Bihar… — Service and Employment | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12660 of 2012

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====================================================== 1. Harendra Raut @ Harendra Prasad Son Of Late Nageshwar Raut @ Nageshwar Prasad Resident Of Village Laxmipur (Wari Tola), Police Station:- Sathi, District:- West Champaran

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.... .... Petitioner/s Versus 1. The State Of Bihar, Through The Principal Secretary Department Public Works, Government Of Bihar, Patna 2. The Superintending Engineer, East Champaran, Motihari Null Department Of Public Works, Government Of Bihar, Patna 3. The Engineer In Chief Cum Special Secretary Null Department Of Public Works, Government Of Bihar, Patna 4. The Executive Engineer, Path Pramandal, Motihari, District- East Champaran. Department Of Public Works, Government Of Bihar, Patna 5. The District Magistrate, East Champaran, Motihari 6. The Sub Divisional Magistrate, Narkatganj, District West Champaran 7. The Block Development Officer, Louriya, District- West Champaran 8. Smt. Malti Devi Wife Of Late Bhikham Raut Claiming To Be The Wife Of Late Harendra Prasad @ Harendra Raut Resident Of Village Laxmipur (Wari Tola), Police Station:- Sathi, District:- West Champaran 9. Shri Shashi Bhushan Prasad Son Of Late Bhikam Raut Claiming To Be The Son Of Late Harendra Prasad @ Harendra Raut Resident Of Village Laxmipur (Wari Tola), Police Station:- Sathi, District:- West Champaran

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.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shravan Kumar, Senior Advocate Mr. Dinesh Maharaj Mr. Prakash Shekhar For the Respondent/s : Mr. R.R.Tiwari, A.C. to AAG-12 Mr. A.B. Pandey, A.C. to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 5 25-09-2013 Heard learned counsel for the petitioner and learned counsel for the State. No one appears for the private respondent Nos. 8 and 9, although the counter affidavit filed on their behalf is on the record.

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The writ application has been filed by the petitioner for a direction upon the respondents to enquire into the matter of

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Patna High Court CWJC No.12660 of 2012 (5) dt.25-09-2013

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fraudulently seeking benefits of service by late Bhikham Prasad who obtained appointment under the State respondents impersonating himself as Harendra Prasad which the petitioner claims as his alias name and using the educational certificate of the petitioner as Harendra Prasad and after the death of late Bhikam Prasad on 2.3.2002, the respondent No.8 got the death-cum-retiral benefits as well as family pension impersonating as wife of late Harendra Prasad and similarly respondent No.9 claiming to be the son of late Harendra Prasad got appointment on compassionate ground by fraudulently obtaining succession certificate and forged educational certificate, namely, School Leaving Certificate showing himself as the son of late Harendra Prasad.

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Since the allegation regarding impersonation made by the petitioner prima facie appeared to be serious, therefore, this Court directed the Principal Secretary, Road Construction Department, Government of Bihar by order dated 24.06.2013 to ensure that a proper enquiry is made after giving due opportunity to the petitioner and respondent Nos. 8 and 9 and taking into account all the different documents which have been produced by the petitioner before this Court including the voters’ list of different years both of Gram Panchayat and Vidhan Sabha.

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In the supplementary counter affidavit filed on behalf of the Principal Secretary, it is stated that pursuant to the aforesaid order a detailed enquiry has been conducted by the Special

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Patna High Court CWJC No.12660 of 2012 (5) dt.25-09-2013

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Secretary, Road Construction Department and an enquiry report dated 26.8.2013 has been submitted before the Secretary, Road Construction Department, Government of Bihar, which has been brought on the record as part of Annexure-A series.

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It is evident that the said enquiry has been conducted in the manner as directed by this Court after due notice to the petitioner and respondent Nos. 8 and 9 and the Special Secretary has come to the conclusion that the allegations made by the petitioner are not genuine and reasons for the same have been given in his enquiry report dated 26.8.2013.

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The only direction sought by the petitioner was to the respondent authorities of the State to enquire into the matter. Such enquiry having already been done, in my view, the writ application has become infructuous.

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Learned counsel for the petitioner has sought to raise various issues but the same pertain to internal family dispute between the petitioner and respondent Nos. 8 and 9 which cannot form any part of the proceedings under Article 226 of the Constitution of India before this Court.

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The writ application is, accordingly, disposed of.

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V.P.Sinha/-

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(Ramesh Kumar Datta, J)

Harendra Raut @ Harendra Prasad v. the State of Bihar and Ors.

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Harendra Raut @ Harendra Prasad v. the State of Bihar and Ors.

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