Kaushal Kishore Jha Vs The State Of Bihar — Patna HC (2024) — LawSathi Research

Kaushal Kishore Jha Vs The State Of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Writ application disposed of by remitting the matter to the District Education Officer, Jamui to afford the petitioner an appropriate opportunity to establish that his certificates are legal and valid; the termination order is to be given effect to only if the DEO concludes after hearing that the certificates were forged; the exercise to be completed within four weeks of production of the order, with the DEO liable for non-compliance.

Issue for consideration

Whether the petitioner was condemned unheard in the termination of his services effected on the finding that his experience certificate was forged - i.e., whether the certificates possessed by him in procuring the job are genuine, legal and valid.

Court's answer

In the interest of justice, the matter is remitted back to the District Education Officer, Jamui to provide the petitioner an appropriate opportunity to establish that the certificates possessed by him in procuring the job are legal and valid.

Ratio / Principle

After hearing, if the District Education Officer, Jamui concludes that the certificates possessed by the petitioner in procuring the job were forged, then the termination order shall be given effect to.

Key takeaways

The said exercise by the District Education Officer, Jamui must be completed within four weeks from the date of production of a copy of this order before him.ratio¶30
The District Education Officer, Jamui shall be held liable for non-compliance of this order within the stipulated period.ratio¶31

Detailed headnote1 paragraphs

Service termination - forged experience certificate - procedural fairness. Kaushal Kishore Jha's services were terminated by the District Education Officer, Jamui (order dated 30.12.2017, Memo No.2380) after, per the order at Annexure-12, his experience certificate was found forged and a decision was taken to cancel the appointment and recover the entire amount paid. The petitioner claimed his certificates were genuine and that he was condemned unheard; the State contended a proper hearing had been given. Without adjudicating genuineness itself, the Patna High Court disposed of the writ application by remitting the matter to the DEO, Jamui to provide the petitioner an appropriate opportunity to establish that the certificates used to procure the job were legal and valid; if, after hearing, the DEO concludes they were forged, the termination order is to be given effect to; the exercise to be completed within four weeks of production of the order, the DEO being held liable for non-compliance. Judgment (CAV) by Anjani Kumar Sharan, J; NAFR; decided 19-03-2024.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.918 of 2019

======================================================

Kaushal Kishore Jha S/o Sri Kapileshwar Jha Resident of Village-Tardiha,P.S. Jadishpur,Dist.-Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

The Principal Secretary Education Department Govt. of Bihar, Patna

The Director Mass Education Bihar, Patna

The District Magistrate, Jamui

The District Education Officer, Jamui

The District Education Officer, Bhagalpur

The Programme Officer, Nonformol Education Jagdishpur, Bhagalpur

The District Public Education Officer, Bhagalpur

The Head Master in-charge High School Arha Block Aliganj, Dist.-Jamui

... ... Respondent/s

====================================================== Appearance : For the Petitioner/s : Mr. Rajendra Kumar Jain, Advocate For the Respondent/s : Mr. Madhaw Pd. Yadaw, GP-23 Mr. Arvind Kumar, AC to GP-23

======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN CAV JUDGMENT

Date : 19-03-2024

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is aggrieved by the order dated 30.12.2017, as contained in Memo No.2380, issued by the District Education Officer, Jamui by which the services of the petitioner has been terminated.

It appears from the order as contained in Annexure-12 that the experience certificate of the petitioner was

Patna High Court CWJC No.918 of 2019 dt.19-03-2024 2/3

found to be forged and thereafter the decision was taken to cancel the appointment and recovery of the entire amount paid to the petitioner in one go and further legal actions.

Mr. Rajendra Kumar Jain, learned counsel for the petitioner, submits that the petitioner’s certificate are genuine and he has been condemned unheard.

On the other hand, it is submitted on behalf of the respondents State that the decision against the petitioner was taken after giving him appropriate opportunity of hearing.

Under the aforesaid circumstances, it would be in the interest of justice to remit the matter back to the District Education Officer, Jamui to provide appropriate opportunity to the petitioner to establish that the certificates possessed by him procuring the job is legal and valid. After hearing, if the District Education Officer, Jamui reaches to the conclusion that the certificates possessed by the petitioner in procuring job were forged, then the order dated 31.12.2017 shall be given effect to. The said exercise must be completed by the District Education Officer, Jamui within four weeks from the date of production of a copy of this order before him.

Needless to state that the District Education Officer, Jamui shall be held liable for non-compliance of this

Patna High Court CWJC No.918 of 2019 dt.19-03-2024 3/3

order within the stipulated period.

With the aforesaid observation and direction, this

writ application stands disposed of

(Anjani Kumar Sharan, J)

Trivedi/-

AFR/NAFR	NAFR
CAV DATE	11.03.2024
Uploading Date	20.03.2024
Transmission Date	NA