IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5348 of 2007 MD.ALAMGIR, AGED ABOUT 58 YEARS, S/O LATE MD. FAKRUDDIN, R/O VILLAGE-DONA, P.O.-BAKCHAPPAR, P.S.-SHAHKUND, DISTRICT-BHAGALPUR. ………………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH COMMISSIONER-CUM- SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, PATNA, VIKASH BHAWAN, PATNA. 2. COMMISSIONER-CUM-SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, VIKASH BHAWAN, PATNA. 3. DIRECTOR, PRIMARY EDUCATION, BIHAR, PATNA, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, VIKASH BHAWAN, PATNA. 4. DISTRICT MAGISTRATE-CUM-COLLECTOR, LAKHISARAI. 5. DISTRICT SUPERINTENDENT OF EDUCATION, LAKHISARAI. 6. DISTRICT SUPERINTENDENT OF EDUCATION, MUNGER. 7. MD. JAMIL, SON OF LATE MANIR, R/O VILLAGE- GHORGHAT, P.S.-SULTANGANJ, DISTRICT-BHAGALPUR. ……………………RESPONDENTS. ----------- 2 04.08.2009 In this writ application the case of the petitioner is that the petitioner was duly selected for his appointment as teacher in a Government school. However, before the petitioner could join, one Md. Jamil, respondent no. 7, posing himself as having an alias name also as the Alamgir i.e. the petitioner and by producing the matriculation certificates etc. of the petitioner submitted his joining and his joining was accepted and was allowed to work. Contention of the petitioner is that when he was selected for appointment in 1991 he was seriously ill and, therefore, he could not know about his selection. He submits that he came to know about his appointment only in 1992 when a - 2 - letter was received by him for getting his certificate verified. After making the enquiry he came to know that some other person has impersonated himself as the petitioner and is continuing in service. On advice, the petitioner filed an FIR also. From the order dated 15.1.2008 passed in Cr.W.J.C. No. 488 of 2007 by this Court, it appears that the investigation was completed and charge-sheet was submitted by the police and warrant of arrest was issued against respondent no. 7. Learned counsel for the petitioner informs that now respondent no. 7 has surrendered and he is in jail. He submits that now it has been established that the respondent no. 7 had impersonated him and committed fraud with the authorities by obtaining the appointment and continuing in service. Therefore, he submits that the authorities may be directed to enquire into the matter and take appropriate steps with regard to service conditions of the respondent no. 7. He submits that as per his date of birth the respondent is going to superannuate in this month itself. - 3 - In the circumstances, this writ application is disposed of with a direction to the respondent District Superintendent of Education, Lakhisarai to complete the enquiry, if he has not completed the same as yet, and take final decision in the matter with regard to service condition of respondent no. 7. Since respondent no. 7 is going to superannuate in this month itself, before deciding for the release of pensionary benefits of respondent no. 7, final decision shall be taken by the District Superintendent of Education, Lakhisarai within a period of three months from the date of receipt/production of a copy of this order. Arvind/ (J. N. Singh, J.)