The court dismissed a writ petition challenging the termination of a petitioner from the post of Field Man. The termination was based on a proper inquiry which revealed the petitioner's experience certificate was forged, violating the eligibility criteria of the advertisement.
The writ application was dismissed with no order as to costs.
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 Civil Writ Jurisdiction Case No.9055 of 2015
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Shiv Shankar Ram son of Sri Pudina Lal Ram Resident of Village PUSA Bazar, P.S. Pusa, District Samastipur.
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance : For the Petitioner/s : Mr. Arjun Kumar, Advocate For the University : Mr. Chandra Mohan Singh, Advocate (Respondent nos.2 to 6)
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT
Date : 04-10-2023
praying for setting aside the order contained in memo no.203
dated 22.5.2015 (Annexure-11) issued by the Director Administration, Rajendra Agriculture University whereby the
Patna High Court CWJC No.9055 of 2015 dt.04-10-2023 2/5
petitioner was terminated from the post of Field Man to which he was appointed under the Comprehensive Cost of Cultivation Scheme.
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which clearly shows him having worked at the Pusa Beej Bhandar Centre from 10.5.2007 to 15.8.2008. With respect to the letter received on verification being made by the respondents from the same centre and which is at page no.36 to the writ application, learned counsel for the petitioner submits that it appears to be some mistake having been committed by the said centre. As such learned counsel for the petitioner submits that the respondents have committed an error in not getting the experience certificate of the petitioner properly verified, the order is not sustainable and thus the same be set aside.
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verification, it transpired that the certificate produced by the petitioner was forged and it had not been issued by the centre, issuance from which was claimed by the petitioner. The petitioner having used the forged certificate in getting appointment, a show cause notice was issued to him to submit his reply. On receipt of the petitioner’s reply and considering the statements therein, the order of termination dated 22.5.2015 (Annexure-11) was passed. There is no illegality in the said order, there is no merit in the writ application and the same be dismissed.
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was given to the petitioner and having considered the petitioner’s reply, the respondents have passed the order of termination dated 22.5.2015 which is impugned herein.
(Partha Sarthy, J)
Shiv/-
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| Uploading Date | 06.10.2023 |
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3 issues framed by the court
Whether the termination order against the petitioner for furnishing a forged experience certificate is sustainable in law.
Whether the petitioner was given adequate opportunity of being heard before termination.
Whether the High Court ought to interfere with the administrative order of termination.
Shiv Shankar Ram
The State of Bihar through Agriculture Production Commissioner
Dr. Rajendra Prasad Central Agricultural University
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
