IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.440 of 2006 SUBODH KUMAR SUMAN Versus THE STATE OF BIHAR & ORS ----------- For the appellant : Mr. Basant Kumar Choudhary, Senior Advocate Mr. Arun Kumar Singh No.4, Advocate For the respondents No.1 & 2 : Mr. Prabhat Kumar Singh, Standing Counsel-XXI For the respondent No.3 : Mr. Sanjay Pandey, Advocate ------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----- Dated, the 10th September, 2008 The original record has been produced before us. Although based on that no final and firm conclusion can be arrived at, but surely, the view, that has been taken by the Single Judge, cannot be said to be without any basis. 2. The Single Judge considered the matter thus: “The petitioner was appointed as an Assistant in the Munger Collectorate. His appointment was made on the basis of selection and recommendation made by the Bihar Public Service Commission and the termination of his service was also on account of the fact that the commission recalled its recommendation in favour of the petitioner and some other candidates. In the case of the petitioner it transpired that the photograph on the admit card issued to the candidate for appearing in the test was different from the petitioner’s actual photograph. In other words, it was a case of fraud and someone else impersonating the petitioner was made to appear in the test for him. It is, thus, obvious that the appointment was obtained by - 2 - fraud. It is well settled that fraud vitiates every thing and even passage of time cannot cure or mitigate the culpability in such cases. The petitioner derived no right on the basis of his appointment and, therefore, he cannot be heard against the termination of his service from the date of his appointment and the recovery of the money paid to him as salary.” 3. We find no justifiable reason to take a view different from that of the Single Judge. 4. L.P.A. is dismissed in limine. R. M. Lodha, CJ Kishore K. Mandal, J. sunil