Patna High Court - Orders
Basanti Kumari vs The State Of Bihar & Ors on 4 April, 2014
Author: Mihir Kumar Jha
Bench: Mihir Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1756 of 2013
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Basanti Kumari W/O Sri Yogendra Prasad R/O Village- Bhakilapar, P.S.-
Hilsa, District- Nalanda
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Principal Secretary Department Of Health, Government Of Bihar,
Patna
3. The Director Department Of Health, Government Of Bihar, Patna
4. The District Magistrate, Kishanganj
5. The Civil Surgeon Cum Secretary District Health Committee,
Kishanganj
6. The Incharge Medical Officer Primary Health Centre, Pothiya,
Kishanganj
7. The Registrar, Bihar Nursing Registration Council, Patna.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Alok Kumar Sinha, Sr. Adv.
Mr. Rajeev Kumar, Adv.
For the State : Md. M. Nasrul Hoda Khan, SC-18
Md. Irshad, AC to SC-18
For the Council : Mr. J.P. Karn, Sr. Adv.
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CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
ORAL ORDER
4 04-04-2014Heard learned counsel for the parties as with regard to the following relief:-
"1(i) For quashing the order contained in Memo No. 1162 dated 31.07.2012 (Annexure 5) issued by the respondent no.5 by which the services of the petitioner has been dismissed/terminated.
(ii) For issuance of a writ in the nature of mandamus commanding and directing the respondents concerned to reinstate the petitioner immediately as the certificate of registration of the petitioner has been found valid and genuine by the Registered council."
Mr. Alok Kumar Sinha, learned senior counsel for the Patna High Court CWJC No.1756 of 2013 (4) dt.04-04-2014 2 petitioner, in support of the aforementioned prayer, has submitted that the impugned order has been passed on a wholly non-est and non-existent material, inasmuch as, the petitioner has only one certificate of her registration from Bihar Nursing Registration Council (hereinafter to be referred to as „the Council‟) as contained in Annexure-2, which has been also found to be genuine on verification from the Council and yet her services have been terminated by declaring this certificate of the Council to be forged.
Prima-facie, the arguments appeared to be attractive even on earlier occasion and that is how this Court, instead of relegating the petitioner to an ordinary remedy under the civil suit where an aspect of forgery can be and should be examined in the light of the oral and documentary evidence, had undertaken the enquiry. To that extent, it would be relevant to quote the order dated 6.3.2014, which reads as follows:-
"Heard learned counsel for the parties. Learned counsel for the petitioner prays for and is allowed to implead Registrar of Bihar Nurses Registration Council as respondent no. 7.
The petitioner sought her employment on the post of Nurse and for that purpose she had produced her registration certificate issued the Bihar Nurses Registration Council. When the Photocopy of the certificate produced by the petitioner was however sent for verification to Bihar Nurses Registration Council, it had reported the same to be forged. On the basis of this Patna High Court CWJC No.1756 of 2013 (4) dt.04-04-2014 3 finding not only the petitioner had lost her employment but even a criminal case was filed against her being Kishanganj P.S Case No. 233 of 2012.
Subsequently, the petitioner appeared before the Bihar Nurses Registration Council and allegedly produced her original certificate and on the basis of verification of that original certificate the Registrar of the Bihar Nurses Registration Council wrote another letter to the employer that the original certificate produced by the petitioner was genuine and was also quite different from the one which was sent by the authorities for verification and was declared to be forged.
Learned counsel for the petitioner submits that in view of the aforementioned finding of the Registrar of the Bihar Nurses Registration Council there should be now no difficulty of the petitioner being taken back in service because the solitary ground on which the petitioner's services were dispensed with and that too without following the principles of natural justice, has no longer remained in existence.
Before, this Court would go into the aspect, it would direct the Civil Surgeon, Kishanganj to produce before this Court the original application form of the petitioner and the photocopy of the registration certificate produced by the petitioner which was sent to Bihar Nurses Registration Council for verification. Similarly it would also direct the petitioner to produce her original certificate issued by the Bihar Nurses Registration Council.
At the same time, this Court would also direct the Registrar of Bihar Nurses Registration Council to file her counter affidavit as also produce the original records relating to registration of the petitioner as a Patna High Court CWJC No.1756 of 2013 (4) dt.04-04-2014 4 Nurse. It has to be also clarified as to whether the authenticity of signature of the then Registrar namely Mr. Savitri Agrahari on such certificate as contained in Annexure-F series was verified from her (Mrs. Savitri Agrahari) or the report which was sent either declaring the certificate to be forged or otherwise in two different installments as noted above was based on the guess work of the present Registrar, Mrs. Moon Moon Mishra?
Put up this case on 27.03.2014 at the top under the heading 'Admission-I' as a part heard case when the Civil Surgeon, Kishanganj and both the Registrar of Bihar Nurses Registration Council namely Mrs. Savitri Agrahari and Mrs. Moon Moon Mishra shall also appear in person along with relevant documents and registers.
In the meantime learned counsel for the State will also make inquiry from Superintendent of Police, Kishanganj as to the fate of the aforementioned criminal case Kishanganj P.S. Case No. 233 of 2012 lodged against the petitioner."
On 27.3.2014 when the case was taken up, the Civil Surgeon, Kisanganj was present and he had produced the document allegedly produced by the petitioner at the time of her verification of documents in course of procuring her appointment. Those documents were her mark-sheet of Matriculation, Matriculation Certificate, Caste Certificate, Admit-Card of Bihar Nursing Registration Council, Certificate for Registration issued by the Bihar Nursing Registration Council, Mark-Sheet issued by the Bihar Nursing Registration Council and a testimonial issued by Patna High Court CWJC No.1756 of 2013 (4) dt.04-04-2014 5 the Polio Eradication Mission, Bihar. In all these documents, original signature of the petitioner was obtained by the authority and the certificate of Registration was sent for verification to the Council. Ms. Munmun Mishra, Registrar of the Council, having examined that certificate, had reported the matter back to the Civil Surgeon that the said certificate was forged. On the basis of this report, two actions were taken. Firstly, the police case was instituted and secondly, the service of the petitioner was dispensed with. In fact, the Civil Surgeon, Kishanganj, having found yet another case of the similar nature of Sunita Kumari, had also taken similar action against Sunita Kumari also.
It however appears that subsequently, the petitioner, with the help of Sachetak of ruling party, had approached the office of the Bihar Nursing Registration Council with her allegedly original certificates and had sought its verification. The same Ms. Munmun Mishra, having made verification at this time, found the original certificate produced by the petitioner in the office of the Council to be correct. It is this report which now gave strength to the petitioner to come out with a case that actually the reasons given in the impugned order terminating her services or for that purpose even lodging of the criminal case against her was wholly arbitrary and illegal.
Patna High Court CWJC No.1756 of 2013 (4) dt.04-04-2014 6
This Court, accordingly, in its next order dated 27.3.2014 had again found necessary the enquiry to be made from the office of the Council, which reads as follows:-
"Heard learned counsel for the parties. Pursuant to an earlier order of this Court dated 06.03.2014, Mr. Dr. Afaque Ahmad Lari, Civil Surgeon, Kishanganj, has appeared in person and has produced the original records relating to nurses training of the petitioner which was produced by her and sent for verification by the Civil Surgeon, Kishanganj to Bihar Nurses Registration Council, Patna. The Civil Surgeon, Kishanganj has also filed counter affidavit, copy whereof has been served upon learned counsel for the petitioner only today.
Under the earlier order of this Court dated 06.03.2014, respondent no. 7, the Registrar, Bihar Nurses Registration Council, Patna was directed not only to produce the relevant documents and registers of the Council relating to registration of the petitioner but the personal appearance of both the Registrars namely, Mrs. Savitri Agrahari and Mrs. Moon Moon Mishra was also sought for.
It, however, appears that copy of the writ application was not served on the learned counsel for the respondent no. 7, Registrar, Bihar Nurses Registration Council, as a result whereof neither the documents and the registers of the Bihar Nurses Registration Council has been produced nor the two Registrars of the Council have appeared in person.
In such a situation this Court would direct that two copies of the writ application be served on Mr. J.P. Karn, who usually appears for Bihar Nurses Registration Council. A copy of the earlier order dated 06.03.2014 of Patna High Court CWJC No.1756 of 2013 (4) dt.04-04-2014 7 this Court be also served on Mr. J.P. Karn for its compliance by the concerned authorities of the Bihar Nurses Registration Council, Patna in its letter and spirit.
Learned counsel for the petitioner has also produced the admit card, marksheet and certificate of the petitioner issued by the Bihar Nurses Registration Council which are kept on record. Similarly, the file of the Office of Civil Surgeon, Kishanganj relating to the certificates and testimonials of the petitioner produced by the Civil Surgeon, Kishanganj is also kept on record of this case.
Let it be noted that a counter affidavit has also been filed on behalf of Superintendent of Police, Kishanganj, wherein, the allegation of producing the forged registration certificate of Bihar Nurses Registration Council by the petitioner has been found to be correct in course of investigation of the criminal case.
Learned counsel for the petitioner prays for and is allowed a week's time to file rejoinder to the counter affidavit filed today by both the Superintendent of Police, Kishanganj as also by the Civil Surgeon, Kishanganj.
List this case on 4th of April, 2014 under the heading Admission-I at the top of the list when the former Registrar namely, Mrs. Savitri Agrahari and the present Registrar Mrs. Moon Moon Mishra shall also remain present along with original records and the registers of the Bihar Nurses Registration Council on the basis of which two conflicting verification reports have been issued.
Let a copy of this order be also given to Mr. J.P. Karn for its strict compliance.
The personal appearance of Mr. Dr. Afaque Patna High Court CWJC No.1756 of 2013 (4) dt.04-04-2014 8 Ahmad Lari, Civil Surgeon, Kishanganj, is hereby dispensed with till further orders. It would be however also open for the Civil Surgeon, Kishanganj to file supplementary counter affidavit for giving any further information."
Today both the Ex-Registrar Ms. Savita Agrahari as also the present Registrar Ms. Munmun Mishra have appeared in person and have produced all the original records. Mr. Karn, learned counsel for the Council has submitted that both the verification reports issued by Ms. Mishra are correct in their place but, the circumstances were different. He explains that whatever was sent by the Civil Surgeon, Kishanganj by way of Registration Certificate of the petitioner was found to be forged for more than one reason. He has also submitted that subsequently when the petitioner had approached concealing this information that earlier report had already been submitted by the Registrar with regard to her registration certificate to be forged, she, under the bonafide belief, having verified that original Registration Certificate produced by the petitioner directly in the office of the Council and having found them to be genuine and correct, had issued verification report that the certificate produced by the petitioner was genuine.
The question, however, would be that if the petitioner does not deny that the Registration Certificate, which was Patna High Court CWJC No.1756 of 2013 (4) dt.04-04-2014 9 produced by her at the time of seeking her employment in the office of Civil Surgeon, Kishanganj, on which her signature was obtained and if that has been found to be forged, this Court will not be in a position to hold that the original certificate subsequently produced by her in the office of the Council and also now being relied by her by producing in the Court, is the same on the basis of which she had sought her employment.
This Court is not going to enter into any speculation but, then, it is well possible that the petitioner, having found that she is subjected to both criminal prosecution as also removed from job, has produced certificate of some other person in order to save her skin. When this Court had pointedly, in the presence of their counsel, asked the petitioner as to whether the signature in the Registration Certificate produced by her in the office of Civil Surgeon, Kishanganj was executed by her, she had specifically conceded that it was her signature, which was put not only in the Registration Certificate of the Council but also on all the aforesaid documents right from Matriculation Mark-sheet to the testimonials as narrated above.
In that view of the matter, this Court would not find that the action taken by the Civil Surgeon, Kishanganj in either sending the certificate produced by the petitioner for its Patna High Court CWJC No.1756 of 2013 (4) dt.04-04-2014 10 verification was wrong or the report given by the Council could not have been acted upon on the Civil Surgeon.
As a matter of fact, a criminal case is already pending on the same subject and the same is under investigation and any finding recorded by this Court, therefore, would seriously prejudice the petitioner. The police in fact will be required to go into the matter at some length, inasmuch as, it has now surfaced that the certificate which was received by the institution, namely, Raj A.N.M. Training School, Muzaffarpur had received them on 31.10.2007 whereas the same has been produced by the petitioner in the date of 25.10.2007. That would mean that the original certificate, which is now being claimed by the petitioner to be in her custody and later on brought directly by her before the Registrar of the Council, was not even available with her. In fact, that would be also corroborated from the entry made by the petitioner on her document i.e. on the top of the first page of Matriculation Mark-sheet by some person of the office of Civil Surgeon "wanted nursing certificate". Thus, if the forged certificate was produced on that day on account of non-availability of the original certificate, the responsibility will be squarely that of the petitioner.
As noted above, the criminal case is still pending Patna High Court CWJC No.1756 of 2013 (4) dt.04-04-2014 11 against the petitioner and this Court would, therefore, not like to pre-judge the issue as with regard to the culpability of the petitioner in the criminal case. Nonetheless, having regard to the aforesaid findings that the petitioner herself had produced the registration certificate of the Council for obtaining employment, which in course of verification was found to be forged, this Court would not find any error in the impugned order terminating her services.
Thus, in the result, this writ application fails and is, accordingly, dismissed.
The original certificates and the documents produced by the parties are being hereby returned but, their photocopies will be retained in the records of this case.
The personal appearance of Ms. Munmun Mishra, Registrar, Bihar Nursing Council, Patna and Ms. Savitri Agrahari, Acting Principal, G.N.M. School, PMCH, Patna is hereby dispensed with.
(Mihir Kumar Jha, J) Rishi/-