IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15703 of 2009 SYAD MOKHTAR ALAM S/O LATE BASHIRUL HUSSAIN, R/O MOH- RAJJAK COLONY, NEAR RAILWAY GUMTY, P.S- MITHANPURA, DISTT- MUZAFFARPUR, OFFICIAL ADDRESS- PANCHAYAT SACHIV MURAUL, BLOCK- B.D.O. OFFICE, MURAUL, P.S- SAKRA, DISTT- MUZAFFARPUR. …. PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH SECRETARY, PRIMARY AND ADULT EDUCATION DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE DISTRICT MAGISTRATE, MUZAFFARPUR. 3. THE DISTRICT EDUCATION OFFICER-CUM-CO- ORDINATOR BIHAR EDUCATION YOJANA, RAMBAGH, MUZAFFARPUR. 4. BLOCK DEVELOPMENT OFFICER, BLOCK-MURAUL, MUZAFFARPUR. 5. BLOCK EDUCATION EXTENSION OFFICER, MURAUL, DISTT- MUZAFFARPUR. 6. MUKHIYA, HARSINGPUR, LOOTAN, GRAM PANCHAYAT MURAUL,DISTT- MUZAFFARPUR. 7. MEMBER, DISTRICT EDUCATION PROGRAMME APPELLATE AUTHORITY, MUZAFFARPUR. …. RESPONDENTS. ----------- For the petitioner : Mr. Ajit Kumar Singh, Advocate. Mr. Yugal Kishore, Advocate. For the Respondents : Mr. A. Amanullah, SC-19 Mr. A.K.Prasad, A. C. to S.C.-19. ------- 02/ 26.07.2010 Heard learned counsel for the petitioner and learned counsel for the State. This writ petition has been filed by the petitioner challenging order dated 09.09.2009 (Annexure-11) by which the District Education Programme Appellate Authority, Muzaffarpur (respondent no.7) directed initiation of departmental proceeding as well as criminal case against the petitioner while dismissing Appeal No.1799 of 2009. 2 The said appeal was filed by Dharmendra Kumar on the basis of an observation made by a Bench of this court passed in CWJC No.16385 of 2007 vide order dated 10.07.2009. The said appeal was filed against the appointment of one Rishav Kumar as it was Dharmendra Kumar who was fit for appointment. The learned appellate tribunal considered the matter in detail and found that the appointment of Rishav Kumar had already been cancelled. It was also found that appointment was made by way of manipulations in the mark sheet etc. and by way of production of forged and fabricated documents. In the said circumstances, while deciding the appeal, the appellate tribunal was quite justified in passing the said order directing initiation of departmental proceeding as well as criminal proceeding against the petitioner who was Panchayat Secretary of Harsinghpur Lautan, Prakhand Muraul in the district of Muzaffarpur. Hence, this court does not find any merit in this writ petition which is, accordingly, dismissed. However, the authorities concerned would take steps and decide such proceedings on their own merits, without being prejudiced by this order or by the impugned order of the appellate tribunal. Sunil/ ( S. N. Hussain, J.)