IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5428 of 2009 VIDYA SAGAR PRASAD Versus THE STATE OF BIHAR & ORS ----------- 2 28.4.2009 Heard learned Counsel for the petitioner and the learned Counsel for the State. It is submitted that the petitioner was appointed as a Basic Health Worker on 20.4.1979. He was transferred from one place to another. Service Book of the petitioner was opened, first time bound promotion granted and salary revised also. Much belatedly in the year 2003 he was asked to produce papers with regard to his appointment when orders for termination were issued on 12.6.2003 that his appointment was forged. The petitioner came to this Court in CWJC No. 7258 of 2003 which stayed the order of termination and ultimately set it aside. Letters Patent Appeal was preferred by the State when the matter has been remanded for inquiry by the respondents. It is the case of the petitioner that in this inquiry by the respondents upon remand of the nature of the appointment, the petitioner has not been heard and is not aware of the nature of the subject matter of inquiry. It is next urged that in accordance with the Government decision appointment prior to 1.1.1980 was ordered to be kept out from scrutiny of forged/illegal appointment. Persons similarly situated appointed before 1.1.1980 had not been disturbed - 2 - and also stand reinstated in service. The petitioner is an appointee of 20.4.1979. On 5.1.2009 after inquiry by the Committee fresh order of termination has been issued stating that the appointment of the petitioner was forged. This was stayed by the respondents themselves on 6.2.2009 when the termination has been reaffirmed on 25.3.2009. Counsel for the State submits that notwithstanding the cut off date 1.1.1980, in the nature of the charge, shall stand in a category by itself, when the benefit of the cut off date shall not be available to the petitioner. This Court is satisfied that the writ application can be disposed on two short issues; (i) the petitioner has raised issue of discrimination, but the allegation of discrimination shall depend on a finding with regard to the forged nature of appointments, (ii) In any finding of a forgery of the appointment, the petitioner was required to be made available the nature of the materials on which the finding was arrived at and meet the same. The petitioner has chosen not to bring on record the first show cause notice issued to the petitioner in the year 2003. This Court therefore does not have the benefit of the grounds on which the original order of termination was passed that the appointment was forged. No useful purpose shall be served by requiring the respondent to file counter affidavit when this matter in routine course shall be taken up years hence. The present case has been listed as a fresh case at the top under the new system of - 3 - listing. In the facts and circumstances of the case the order of termination dated 5.1.2009 and 25.3.2009 are set aside for the limited purpose of remand to the respondents to decide the issue of discrimination sought to be urged by the petitioner if he brings suitable material in that regard to their attention. In so far as the issue of forgery is concerned, if the original show cause notices issued to the petitioner in 2003 adequately spelt out the grounds of forgery, which the petitioner has chosen not to bring on record, and the petitioner chose not to answer the allegations by his reply to the show cause as appended at Annexure-8, the impugned order of termination shall require no interference. Otherwise, the respondents are obliged to furnish the materials suggestive of forgery to the petitioner with opportunity to meet the same only whereafter fresh decision may be taken. It is clarified that the petitioner does not stand reinstated by the present order, an issue which shall depend on the fresh order to be passed by the respondents. It is expected that any representation of the petitioner shall be disposed expeditiously without unnecessary delay. The writ application stands disposed. (Navin Sinha,J.) A.Kumar