IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11439 of 2006 Sumitra Sinha, W/o Sri Rajendra Prasad, resident of Village Nahuw, P.S. Rajgir, District Nalanda. ------ Petitioner Versus 1. The State of Bihar. 2. The Commissioner-cum-Secretary, Department of Health Medical Education and Family Welfare, Government of Bihar, Patna. 3. The Director, Health Services, Bihar, Patna. 4. The Deputy Director, Health Services, Bihar, Patna. 5. The Civil Surgeon-cum-Chief Medical Officer, Darbhanga. 6. The Incharge Medical Officer, Primary Health Centre, Kusheshwawr Asthan, Darbhanga. ------- Respondents ----------- 3 29.6.2011 No one appears on behalf of the petitioner. This Court, on perusal of the record, would find that the solitary reason for termination of the services of the petitioner, holding the post of Nurse, does not suffer from any error, inasmuch as, the respondents have explained the whole thing by not only giving details of the forged educational and training certificates produced by the petitioner but also impersonation made by the petitioner. The following detailed explanation in the counter affidavit; “4. ------ It is respectfully stated that the petitioner was appointed on the post of A.N.M. in the year 1990 and was posted at Primary Health Centre, 2 Kusheshwar Asthan, in the district of Darbhanga, where she was working. It is further stated that in pursuance of the instruction of the higher authorities, the genuineness of the certificates submitted by the petitioner, a verification was started. In course of verification of Nurses Registration Certificate, as well as Marks Sheet were being verified from the Bihar Nurses Registration Council, Patna and the Registrar of Bihar Nurses Registration Council, Patna vide his letter no. 413 dated 14.08.04 intimated that the certificate and marks sheet submitted by the petitioner is not genuine and varies also. The registration no.22 dated 27.06.89 is not available in the records of the council. The marks sheet roll city 476 shows the name of other candidate such as Sanju Kumari daughter of Shiv Dani Singh and the date of birth also varies from the date of birth of petitioner. As such the Registration Certificate and marks sheet of the petitioner was found forged and fake. It is stated that the petitioner was issued show cause notice as to why her service cannot be terminated and legal action be taken against her for submitting false and fake certificates and obtaining the service in an illegal manner. It is stated that the writ petitioner submitted his reply which was not found satisfactory and accordingly the respondent no.5, Civil Surgeon-cum- C.M.O., Darbhanga terminated the service 3 of the petitioner giving full reasons of the terminations vide his order no.2986 dated 30.10.2004 and respondent no.6, Incharge Medical Officer, Kusheshwar Asthan was directed to lodge an F.I.R. against the writ petitioner.” has not been controverted by the petitioner by filing any rejoinder to the counter affidavit and, therefore, this Court will have no option but, to hold that the petitioner’s appointment on the post of Nurse was made on fake and forged documents. That being so, this application is wholly misconceived and is, accordingly, dismissed. Rsh (Mihir Kumar Jha, J.)