IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.6733 of 2007 Mahesh Paswan S/O late Binda Paswan Resident of village- Ranipur, P.O. + P.S. – Fulwarisharif, District- Patna …. … Petitioner Versus 1. The State Of Bihar through its Chief Secretary, Old Secretariat Building Patna 2. The Commissioner-cum- Secretary to the Govt. in the department of Forest and Environmental Bihar Patna 3. The Director, Sanjay Gandhi Biological Park Belley Road, Patna 4. The Chief Forest Conservator IV Floor Technology Building in the Campus of Vishwashuraiya Bhawan, Belley Road, Patna 5. The Deputy Director, Sanjay Gandhi Biological Park, Belley Road, Patna 6. The Forest Ranger Officer, Zoological Range, Sanjay Gandhi Biological Park, Belley Road, Patna … .. Respondents ---------------------------------- For the Petitioner :Mr. Lalan Kumar Singh, Advocate For the State :None 02/ 14.12.2011 Heard learned counsel for the petitioner. Neither anyone appeared for the State nor any counter affidavit has been filed in the matter. 2. Petitioner initially served on daily wage basis in the Botanical Garden, Patna on a Class IV post. His services were regularized under office order No.50 dated 6.5.2006, Annexure-1, in response whereto his joining submitted against a regular Class IV post was accepted under Memo No. 881 dated 12.5.2006, Annexure-2. Perusal of order dated 2 6.5.2006 indicates that before issue of order dated 6.5.2006, petitioner was asked to submit the original educational, caste certificate and fitness certificate from Civil Surgeon, Patna. Later, a controversy was raised that educational certificate furnished by the petitioner on the basis of which his services were regularized under order dated 6.5.2006, Annexure-1 is forged and petitioner was asked to show cause under letter No. 1345 dated 7.8.2006, Annexure-4. In response to the show cause notice, Annexure-4, petitioner under letter dated 11.8.2006, Annexure-5, requested the Director of the Botanical Garden to furnish photo copy of the original educational certificate submitted by him before issue of the office order dated 6.5.2006, Annexure-1 to enable him to submit his show cause reply. In the light of the request of the petitioner contained in letter dated 11.8.2006, Annexure-5, the Director of the Botanical Garden under letter No. 1401 dated 14.8.2006, Annexure-6 served on the petitioner photocopy of the educational certificate issued from Government Middle School, Isapur, Phulwarisharif, Patna asking 3 the petitioner to submit his show cause within 48 hours of the receipt of the photocopy of the certificate. In response to the aforesaid instruction contained in letter dated 14.8.2006, Annexure-6, petitioner submitted his reply dated 17.8.2006, Annexure-7 categorically stating that the educational certificate of Government Middle School, Isapur, Phulwarisharif, Patna was never submitted by him at the time of regularization of his services, as then he had submitted educational certificate from Government Middle School, Dhibra, Phulwarisharif, Patna. Having received reply from the petitioner that before issue of the regularization order, he had submitted certificate from the Government Middle School, Dhibra, Phulwarisharif, the Director under letter No. 1431 dated 19.8.2006, Annexure-8 asked the petitioner to furnish evidence of the fact that before the issue of the regularization order, he had submitted certificate from the Government Middle School, Dhibra and not from the Government Middle School, Isapur. In response to the letter of the Director dated 19.8.2006, Annexure-8, petitioner 4 under letter dated 23.8.2006, Annexure-9 again reiterated that the assertion that he submitted educational certificate before his regularization from Government Middle School, Isapur, is not correct and mischief is being committed only to deprive the petitioner of regularization made under order dated 6.5.2006, Annexure-1. The Director of the Botanical Garden was not satisfied with the reply of the petitioner that before his regularization, he had submitted educational certificate from Government Middle School, Dhibra and proceeded to place the petitioner under suspension under office order No. 128 dated 28.8.2006, Annexure-10 in contemplation of a departmental proceeding to be initiated against the petitioner. In compliance of the suspension order dated 28.8.2006, Annexure-10, petitioner submitted his joining at the Headquarters fixed during the period of suspension under order dated 29.8.2006, Annexure-11. Under letter No. 1552 dated 7.9.2006, Annexure-12, the Director of the Botanical Garden asked the petitioner to submit an affidavit affirmed before the Notary Public that before his regularization 5 on Class IV post, he had submitted educational certificate from Government Middle School, Dhibra, Phulwarisharif and the statements made in that regard is correct. In compliance of the instruction of the Director contained in letter dated 7.9.2006, Annexure-12, petitioner submitted his affidavit, whereafter the Director under letter dated 9.9.2006, Anneure-13 asked the Headmaster, Government Middle School, Dhibra to confirm whether the transfer certificate No. 10289 dated 17.11.1984 issued in the name of the petitioner was issued by the then Headmaster of Government Middle School, Dhibra. In response to the letter of the Director, the Headmaster, Government Middle School, Dhibra submitted letter No. 9 dated 31.10.2006, Annexure- 17 addressed to the Director stating that the school building having collapsed, he is unable to verify the contents of the transfer certificate issued in favour of the petitioner dated 17.11.1984. By the impugned order No. 199 dated 14.2.2007, Annexure-34, the Director, Botanical Garden, Patna considered the effect of the failure of the petitioner to produce his 6 original educational certificate which he had produced before his regularization and on account of failure of the petitioner to produce such original certificate he has been dismissed from service. 3. It is submitted by the counsel for the petitioner that perusal of the order regularizing the services of the petitioner dated 6.5.2006, Annexure-1 itself would indicate that before issue of the order regularizing his services, petitioner submitted the original educational, caste certificate and fitness certificate from the Assistant Civil Surgeon, Patna and as the educational certificate stood already submitted before the Director, Botanical Garden, Patna, petitioner could not produce the original in compliance of the directions issued by the Director. It is also submitted on behalf of the petitioner that right from the date, the controversy about the educational certificate of the petitioner and the school in which he pursued his education until Class VII was raised, petitioner has been categorically stating that he pursued his studies in Government Middle School, Dhibra and not in Government Middle School, Isapur 7 and the conclusion of the Director that petitioner failed to produce the original educational certificate is wholly misconceived as the original educational certificate having already been deposited with the Director before issue of the order regularizing the services of the petitioner, there was no occasion for him to deposit duplicate of the same original, which could not be issued subsequently by the school as the records on the basis of which original certificate dated 17.11.1984 was issued, was destroyed, as is evident from the letter of the Headmaster of the Government Middle School, Dhibra dated 31.10.2006, Annexure-17. The original educational certificate, on the basis of which services of the petitioner was regularized, was produced before the Director of the Botanical Garden, which is evident from the order regularizing the services of the petitioner dated 6.5.2006, Annexure-1 and the duplicate of the same could not be issued subsequently as the records, on the basis of which the said original was issued, stood destroyed, I have no option, but to quash the impugned order of dismissal 8 dated 14.2.2007, Annexure-34, which is, accordingly, quashed. 4. The writ petition is, accordingly, allowed. Arjun/ ( V. N. Sinha, J.)