Patna High Court - Orders
Hare Ram Prasad & Ors vs The State Of Bihar & Ors on 16 May, 2014
Author: Mihir Kumar Jha
Bench: Mihir Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3790 of 2013
======================================================
1. Hare Ram Prasad S/O Late Hiraman Sah R/O Village+ P.O- Jamrodh,
P.S- Dinara, District- Rohtas.
2. Pintu Kumr Gupta S/O Sri Ramjee Sah R/O Village+ P.O- Jamrodh, P.S-
Dinara, District- Rohtas.
3. Omprakash Gupta S/O Sri Jai Krishan Sah R/O Village+ P.O- Jamrodh,
P.S- Dinara, District- Rohtas.
4. Annapurna Devi D/O Sri Narendra Prasad Sah R/O Village+ P.O-
Jamrodh, P.S- Dinara, District- Rohtas.
5. Pushpa Kumari D/O Sri Moti Prasad Gupta R/O Village+ P.O- Jamrodh,
P.S- Dinara, District- Rohtas.
6. Manoj Kumar Suman S/O Sri Kamla Kant R/O Village- Khalsapur, P.O-
Dinara, P.S- Dinara, District- Rohtas.
7. Baban Prasad Singh S/O Sri Haribansh Singh R/O Village-
Khekhasi,P.O- Mahila, P.S- Itadhi, District- Buxar.
8. Binod Kumar Singh S/O Sri Munshi Prasad Singh R/O Village-
Panditpura, P.O- Akora, P.S- Dirana, District- Rohtas.
9. Mamta Kumari D/O Sri Ramsurat Singh R/O Village+ P.O- Shikathi,
P.S- Dhanshoi, District- Buxar.
10. Sarita Kumari D/O Sri Dinanath Singh R/O Village- Dhurki, P.O-
Kaniari, P.S- Dirana, District- Rohtas.
11. Raj Nath Singh S/O Sri Balrup Singh R/O Village- Prastampur, P.O-
Karahri, P.S- Natwar, District- Rohtas.
12. Suresh Prasad S/O Sri Baban Prasad R/O Village- Tenuath, P.O-
Bishambharpur, P.S- Dirana, District- Rohtas.
13. Kapildeo Singh S/O Sri Hari Prasad Singh R/O Village Tenuath, P.O-
Bishambharpur, P.S- Dirana, District- Rohtas.
14. Anup Kumar Chakrawarti S/O Sri Birendra Kumar R/O Village+ P.O-
Mahrod, P.S- Natwar, District- Rohtas.
15. Bachan Kumar S/O Sri Tapesar Sah R/O Village+ P.O- Mahrod, P.S-
Natwar, District- Rohtas.
16. Panna Kumari D/O Sri Yamuna Singh R/O Village- Sarna, P.O-
Bhaluni, P.S- Dirana, District- Rohtas.
17. Rubi Kumari D/O Sri Kanhaiya Singh R/O Village- Khtoliya, P.O-
Khudiya, P.S- Sivsagar, District- Rohtas.
.... .... Petitioners
Versus
1. The State Of Bihar
2. 2nd Respondent Name Is Missing In The Draft
3. The District Education Officer, Rohtas At Sasaram.
4. The District Programme Officer, Rohtas At Sasaram.
5. The Block Development Officer, Block- Dinara, District- Rohtas At
Sasaram.
6. The Block Education Officer- Cum- Secretary, Block Teacher
Appointment Committee, Block- Dinara, District- Rohta At Sasaram.
.... .... Respondents
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh
For the Respondent/s : Mr. Manikant Mishra G.P.25
Patna High Court CWJC No.3790 of 2013 (9) dt.16-05-2014 2
======================================================
CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
ORAL ORDER
9 16-05-2014Heard learned counsel for the parties.
When this case had been taken up today in continuation to its earlier hearing as recorded in its detailed order of this Court dated 9.5.2014, which reads as follows:
"Heard learned counsel for the parties as with regard to the following relief prayed in this writ application:
"That this is an application on behalf of the abovenamed petitioners for issuance of an appropriate Writ(s)/ Order(s)/ Direction(s) to the respondents authorities to pay the arrears of salary to the petitioners from August, 2010 till date with statutory interest as well as current salary on month to month basis which has not been paid to the petitioners till date without assigning any reason."
The long and short of this case is that the petitioners actually wants implementation of an order of the District Teachers Employment Appellate Authority (hereinafter referred to as „the Tribunal‟), Rohtas (Sasaram) dated 19.12.2011 in Case No. 149/2011 both with regard to their continuation in service on the post of Prakhand Teacher as also payment of their salary. From the pleadings on record it is clear that the petitioners have claimed to be trained teachers on the basis of their passing such Teachers Training course from Mahatma Gandhi Kashi Vidyapeeth, Varanasi Patna High Court CWJC No.3790 of 2013 (9) dt.16-05-2014 3 (hereinafter referred to as „the Vidyapeeth‟). When the certificate of the petitioners were sent for verification to the aforesaid Vidyapeeth they were described to be forged by a communication dated 7.3.2011. On receipt of this communication a First Information Report was also instituted against the petitioner being Dinara P.S.Case No. 60/2011 dated 14.3.2011 for offences under sections 420, 465, 468 and 471 of the Indian Penal Code. The petitioners were also terminated from service by an office order dated 1.4.2011 passed by the Block Education Officer (respondent no.6) in capacity of the Secretary to Prakhand Shikshak Niyojan Samiti. As against the aforesaid order of their termination the petitioners had filed a writ petition, C.W.J.C.No. 8073/2011 but that was also sought to be withdrawn by seeking liberty to file appeal before the Tribunal. It appears that in the meantime some different communication of the Vidyapeeth was made in the date of 16.3.2011 stating that the Teachers Training certificate of the petitioners were genuine. However, when the authenticity of this letter of the Vidyapeeth dated 16.3.2011 was sought to be verified the Vidyapeeth by its letter dated 9.4.2011 had denied to have made any such verification of the certificate of the petitioners. When this communication of the Vidyapeeth was received the District Superintendent of Education, Rohtas vide his letter No. 620 dated 21.6.2011 had brought this fact in his detailed report to the appellate authority. The appellate authority, Patna High Court CWJC No.3790 of 2013 (9) dt.16-05-2014 4 however, on being moved by the petitioners after withdrawal of their writ application had allowed the appeals filed by the petitioners by relying on another letter of the Vidyapeeth dated 4.7.2011 which was surprisingly sent directly to the Tribunal. The said order of the Tribunal dated 19.12.2011, therefore, both for reinstating the petitioners in service and for payment of salary became a bone of contention and a detailed report was sent in this regard by the D.E.O., Rohtas to the Director, Primary Education, vide his letter no. 157 dated 13.6.2012 as also by the District Programme Officer (Establishment), Rohtas vide his letter no. 179 dated 14.2.2013. In fact another reminder sent by the District Programme Officer (Establishment), Rohtas vide his letter no. 339 dated 24.4.2012 had already remained pending. Before this Court in the present writ application, which was filed on 20.2.2013 repeated orders were passed as with regard to examining authenticity of the Vidyapeeth and the certificate of Teachers Training of the petitioners as would be evidenced by an order dated 30.1.2014, 17.2.2014 and 4.3.2014. In the meantime, the counter affidavit was filed explaining that the petitioners‟ Teachers Training certificate were forged and the entire history as narrated above was also disclosed.
This Court having found that the Tribunal‟s order was passed on a very flimsy ground and thus, unsustainable would itself undertake the task which Patna High Court CWJC No.3790 of 2013 (9) dt.16-05-2014 5 ought to have been done by the Tribunal. As noted above, there are different communication of the Vidyapeeth one denying the other and therefore, this Court would direct the learned counsel for the petitioners to implead Mahatma Gandhi Kashi Vidyapeeth, Varanasi through its Controller of Examination as respondent no.7 to this writ application.
Having regard to the stand taken by the respondents in their counter affidavit that the certificates of teachers training course of B.Ed. of the petitioners from Mahatma Gandhi Kashi Vidyapeeth, Varanasi are actually forged as was also reported by the Controller of Examination vide his letter no. 4824 dated 07.03.2011 and that the said stand was sought to be denied by the Vidyapeeth vide its letter No. 4890 dated 09.04.2011 and again sought to be further confused by its two more letters dated 21.06.2011 and 04.07.2011, this Court, in order to reach the correct conclusion, an exercise which ought to have been done by the Tribunal itself, would direct the petitioners to produce their original certificates of teachers training course along with their mark sheets.
Learned counsel for the petitioners prays for time till next Friday to produce them before this Court. Upon production of these certificates and mark sheets of the petitioners, the Registrar General of this Court shall send them to Controller of Examination for its verification and the Controller of Examination, Patna High Court CWJC No.3790 of 2013 (9) dt.16-05-2014 6 having made verification, will appear with the original records and his report with regard to genuineness of the teachers training certificates produced by the petitioners. This exercise must be completed by the Controller of Examination within a period of four weeks from the date of receipt of the certificates and mark sheets of the petitioners.
Put up this case on next Friday i.e. 16.05.2014 under the same heading at the top as first case."
Mr. Rajiv Kumar Singh, learned counsel for the petitioners, however, now submits that he has been instructed to withdraw this writ application.
In view of above, when the petitioners have developed cold feet with regard to verification of their Teachers training certificate this writ application is dismissed as withdrawn but it is made clear that the petitioners now will have no liberty to move this Court for the same cause of action.
Let a copy of this order be given to Mr. Manikant Mishra, G.P.25, for its being sent to the Block Development Officer, Dinara for necessary future guidance as with regard to the continuance and payment of salary of the petitioners.
(Mihir Kumar Jha, J) surendra/-