IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10878 of 2002 CHANDRESHWAR RAM, son of Late Singhoa Ram Resident of Village Baghaor, P.S. Halsi, District Munger, at present working as Assistant Teacher Middle School, Laldiyara, Barihiya, Lakhisarai. Versus 1.THE STATE OF BIHAR through the Secretary, Secondary Primary & Adult Education, Govt. of Bihr, Patna. 2.Director, Primary Education, Bihar, Patna. 3.District Superintendent of Educaqtion-cum-Sub. Divisional Education officer, Lakhisarai. 4.Treasury Officer, Lakhisarai. ----------- 3 25/6/2010 Heard counsel for the petitioner and counsel for the State. Prayer of the petitioner in this writ application filed on 25.9.2002 is very limited which reads as follows:- “That this is an application for quashing the office order issued vide memo no.1602 dated 24.11.2001 issued by Respondent, District Superintendent of Education, Lakhisarai, contained in Annexure-6, whereby and whereunder, an enquiry to examine the truthfulness of certificates and appointment letters was made by the District Superintendent of Education, lakhisarai and further be pleased to direct the Respondents to conclude the inquiry in question within a reasonable period.” Counsel for the petitioner would submit that the petitioner was appointed as prescribed by the rules under the decision of the District Superintendent of Education, Munger by order dated 10.12.1981 along with 99 other teachers and after his joining was accepted and he continued in service for nearly 20 years, a suspicion was raised with regard to his qualification of matriculation and training being based on a forged certificates and on that basis the concerned District Superintendent of Education, 2 lakhisarai had directed the I/C Headmaster of the School of the petitioner, Middle School Laldiyara, Barihiya, Lakhisarai, to stop payment of salary to the petitioner as also direct the petitioner to submit his original marks sheet and certificate pertaining to his qualification. Counsel has also submitted that the records would bear it out that the petitioner has submitted all his marks sheets and certificates but no decision was taken for more than one year and as such this writ petition was filed on 25.9.2002. Counsel further submits that during pendency of this writ petition the petitioner has already completed the age of superannuation on 30.11.2008 and therefore the petitioner has suffered on account of ongoing endless enquiry with regard to genuineness of his marks sheets and certificates not only by way of step page of payment of his salary for the period of 2001 to 2008 but he is still suffering on account of non payment of arrears of salary as also the retirement benefits. Counsel in this context has informed this Court that another writ petition namely C.W.J.C. No.9034 of 2010 has been filed by the petitioner for payment of retirement benefits. In this case a counter affidavit seems to have been prepared by counsel for the State by Oath NO.5304 dated 1.3.2003 but it has not been filed in this Court, but then its copy has been made available today and kept on record. From such affidavit it would transpire that as on 21.4.2003 an enquiry was still going on. Counsel for the State is also not aware as to the present status of 3 the enquiry and whether any decision was taken against the petitioner during the period he was in active service and till the date he had retired. In the opinion of this court the pending enquiry by itself would not have deprived the petitioner from getting the benefit of payment of salary. Had the petitioner been continuing in service a direction could have been issued at least for payment of salary but now the petitioner had already superannuated and his claim for arrears of salary and pensionary benefits is solely dependent on the genuineness of his marks sheets/certificates. Such issues therefore cannot be allowed to be kept pending endlessly. In that view of the matter, this Court would direct the Director, Primary Education, Government of Bihar (Respondent no.2) to call for the records of appointment of the petitioner from the office of D.S.E. Munger as also other connected records from the D.S.E. Lakhisarai and having collected the original certificates from the petitioner, he would send them for its verification to the concerned authority. In the event it is found that all the educational certificates and marks sheets of the petitioner are genuine and the allegation of its being forged or fabricated is not substantiated, he would immediately direct for payment of arrears of salary as also retirement benefit after making verification of the working of the petitioner in the school in question. On the other hand, if it is found that the petitioner’s certificates were forged and that he 4 could not have been appointed on matric trained scale of pay by the order of his appointment, the petitioner will have no right to claim either arrears of salalry or retirement benefits. In view of the fact that the petitioner has been before this Court for a period of eight years in this case and has also retired from service, this Court would direct the Director, Primary Education to expedite the enquiry as directed above and take his final decision by passing a reasoned order within a period of four months from the date of receipt/production of a copy of this order. With the aforementioned observation/direction this application is disposed of. Abhay Kumar ( Mihir Kumar Jha, J.)