In this Letters Patent Appeal challenging a civil writ judgment, the High Court affirmed the Lower Court's decision dismissing the appointment cancellation order against the appellant teacher, finding the Appellate Authority's conclusion of forgery to be perverse.
The appeal was dismissed, upholding the order of the Writ Court dated 20.12.2016.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.160 of 2017
IN
Civil Writ Jurisdiction Case No. 8297 of 2010
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.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Lalan Kumar Singh, Advocate For the Respondent/s : Mr. Ashutosh Ranjan Pandey- AAG-15
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date: 15-05-2017
Seeking exception to an order dated 20.12.2016 passed by the learned Writ Court in C.W.J.C. No.8297 of 2010, this appeal has been filed under Clause 10 of the Letters Patent.
Respondent Md. Murtaza had filed the writ petition in question challenging an order dated 13.2.2010 passed by the District Teachers Appointment Appellate Authority whereby his appointment as a Panchayat Teacher has been cancelled by holding that he has obtained the document by forgery. The learned Writ Court examined
Patna High Court LPA No.160 of 2017 dt.15-05-2017
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the issue in detail and came to the conclusion that the petitioner has not used any forged document. The finding of the learned Tribunal was found to be a perverse finding and it is recorded by the learned Writ Court that in the Graduation examination held in the year 2003, the petitioner had obtained 1st division and in spite thereof, he mentioned about the examination undertaken by him in the year 1998 in which he had received less marks and taking note of this, it is found that there is no case of misrepresentation or fraud and the finding recorded by the Appellate Authority is absurd and interfered with the order of the Appellate Authority by giving detailed cogent and substantially justifiable reasons.
Accordingly, we find no reason or justification to differ with the reasonable order passed by the learned Writ Court.
The appeal is, accordingly, dismissed.
(Rajendra Menon, CJ)
(Sudhir Singh, J)
K.C.jha/-
AFR/NAFR NAFR CAV DATE N/A Uploading Date 19.5.2017 Transmission N/A Date
1 issue framed by the court
Whether the Low Court's finding that petitioner did not use forged documents was perverse and required interference in Letters Patent Appeal.
Mahboob Alam
The Member, District Teachers Employment Appellate Authority, Sitamarhi
The District Superintendent of Education, Sitamarhi
Mukhia, Gram Panchayat Raj Mohani
Panchayat Secretary, Gram Panchayat Raj Mohani
HONOURABLE THE CHIEF JUSTICE
MR. JUSTICE SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
