IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6822 of 2009 SEEMA KUMARI SAHA, W/o Shri Putul Chandra Saha, R/o Village-Dacait Puja, P.S.-Barsoi, District-Katihar. ………….Petitioner. Versus 1. The State of Bihar through the Principal Secretary, Human Resources Development Department, Government of Bihar, Patna. 2. The Collector, Katihar, District-Katihar. 3. The Zila Shikshak Niyojan Appeleya Pradhikar, Katihar. 4. The District Education Superintendent, Katihar. 5. The Block Development Officer, Barsoi, District-Katihar. 6. The Block Education Extension Officer, Barsoi (North), District- Katihar. 7. The Mukhiya, Gram Panchayat Raj, Chandpura, Barsoi, District- Katihar. 8. The Secretary Gram Panchayat Raj Chandpura, Barsoi, District- Katihar. 9. Smt. Suman Kumari, W/o Shri Pankaj Kumar, R/o Village- Choratabhka, P.S.-Bhibhutipur, District-Samastipur. ………….Respondents. ----------- 5/ 05.03.2010 This matter was specifically fixed for today on priority basis since a glaring example of interpolation in the official record came to the notice of the Court. The interpolation has been made by the then Panchayat Secretary Akhilesh Singh, earlier posted in Gram Panchayat Raj Chandpura, Barsoi in the district of Katihar and presently, as informed, posted at Korha Block. The interpolation has been made in the candidates’ list for selection of Panchayat Teachers. Petitioner’s case is that she had applied for the post of Panchayat Teacher in Gram Panchayat Raj Chandpura, Barsoi in the district of Katihar. She was appointed vide Memo No. 3 dated 14.03.2007, issued by the Panchayat Secretary and Mukhiya of the concerned Gram Panchayat. At the time of her appointment no one raised any objection within the time provided for filing objection under the rules. Suddenly, she came to know about the cancellation of her - 2 - appointment, vide order dated 25.04.2009 contained in Letter No. 133/09, passed by Member, District Teachers Employment Appellate Tribunal, Katihar. The tribunal cancelled petitioner’s appointment and directed to appoint respondent No. 9 in her place. Such order was passed by the Tribunal even without issuing any notice to the petitioner. Petitioner’s case is that she had applied for the post in un- trained backward category. Respondent No. 9 had applied in general category. The petitioner was appointed against the post reserved for backward category, subsequently, the respondent No. 9 in connivance with the then Panchayat Secretary managed and interpolated in the connected selection records of Gram Panchayat. The column, in which the category of the candidates is mentioned, was changed against the name of respondent No. 9 by cutting the remark general category and entering backward category. This interpolation was done by some one, even without putting his initial. On the basis of this interpolation the tribunal has recorded a finding that respondent No. 9 having higher percentage of marks than the petitioner in the backward category, should have been appointed in the backward category. This interpolation could be detected on the basis of statement made in the counter affidavit of Mukhiya of the Gram Panchayat. In his counter affidavit it is specifically stated that respondent No. 9 had applied in general category. Connected records were called, which has been produced today. Apparently, it is case of interpolation. There is a cutting mark in the list of candidates, - 3 - where category has been mentioned. The application form of respondent No. 9 however, has not been changed and still her application is in the general category. This clear contradiction indicates nothing but interpolation. I find much substance in the submission made by the petitioner that a legal appointment has illegally been cancelled, in violation of rule of natural justice. Without verifying the connected records and without assigning any opportunity to her to defend her case she was terminated from her service. Accordingly, the impugned order contained in Letter No. 133/09 dated 25.04.2009, passed by Member, District Teachers Employment Appellate Tribunal, Katihar, is quashed. The petitioner will continue on her post if, already not removed. In case of removal, she should be re-instated with all consequential benefits. The Panchayat Secretary, who is presently posted at Chandpura is present in Court. He submits that, all these illegal transaction have been made prior to his joining at Chandpura. The Panchayat Secretary, who was earlier posted at Panchayat Raj Chandpura, has now been transferred to Korha Block. The District Magistrate, Katihar is directed to take necessary disciplinary action against Akhilesh Singh, the then Panchayat Secretary, Panchayat Raj, Chandpura. A copy of this order be communicated to the District Magistrate, Katihar. - 4 - A copy of this order be handed over to G.P.-14. The connected record is being handed over to the Panchayat Secretary, Gram Panchayat Chandpura, Barsoi, Katihar. Sanjeet/ (Mridula Mishra, J.)