IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.213 of 2009 ASHA NAND MISHRA s/o Shobha Kant Mishra resident of village and P.O. Bhithi Salempur, P.S. Panmdaul, District- Madhibani. Versus 1. THE STATE OF BIHAR through the Director-in-Chief, Health Services, Bihar, Patna. 2. The Civil Surgeon-cum-Chief Medical Officer, Darbhanga. 3. The In charge Medical Officer, Primary Health Centre, Bahadurpur,Darbhanga. ----------- For the Petitioner : Mr. Ram Shankar Das. For the State : A.C. to G.P. 19 2 2.8.2010 Petitioner was employed as Basic Health Worker in the year 1986.Thereafter his service book was opened in the same year by the Incharge Medical Officer, Bahadurpur, Darbhanga, in which his date of birth is noted as 18.11.1956 and it has been noted that he passed matriculation from Bihar School Examination Board. It appears that some enquiry was conducted in the year 2008 after twenty years of service wherein it is alleged that it was found that the petitioner’s matriculation mark sheet was forged. Petitioner was asked to produce his original matriculation certificate or a copy thereof but as he failed to produce the same, by memo no. 3498, dated 27.10.2008 petitioner was dismissed. Petitioner having forgotten the particulars of his role number etc. was having difficulty in obtaining the mark sheet but ultimately he was issued a duplicate mark sheet on 20.8.2009 by the Bihar School Examination Board, which is appended as Annexure 18 to the writ petition , which shows that the petitioner having the same date of birth and the same parentage based in matriculation examination in 1972 in second division scoring 497 marks out of 1000 marks. - 2 - Petitioner alleges that he then submitted this to the authority but they have refused to take notice thereof.Petitioner, on the aforesaid facts, submits that the whole allegation that the petitioner had got the job based on forged mark sheet was itself wrong and misleading. Now that he has the mark sheet, the very basis of his dismissal vanished. Having considered the matter, in my view, if the mark sheet, as obtained by the petitioner, is genuine then dismissal of the petitioner is wrong. How and in what manner the earlier mark sheet, if any, available to the authority, was found to be forged, has not been disclosed anywhere much less in the impugned order. Thus, on the facts aforesaid, it has to be held that holding the mark sheet to be forged, in other words meaning, that in fact the petitioner was not even a matriculate and thus had wrongly got employment, is wrong. Before parting I may refer to the counter affidavit that has been filed . In the counter affidavit all that has been mentioned is that in newspaper there were some reports that the petitioner had been appointed on basis of forged matriculation certificate. The newspaper report itself was twenty two years after petitioner’s employment ;except this there was no other basis and to falsify the news paper report, petitioner was asked to produce his mark sheet, which he failed to produce and thus the dismissal. Considering the aforesaid fact, the inevitable result would be to direct immediate reinstatement of the petitioner but considering the facts that the petitioner has obtained the duplicate mark sheet only - 3 - after his dismissal order, the same would require verification. I , therefore, direct the petitioner to re- submit self attested photo copy of the matriculation mark sheet as obtained by him before the Civil Surgeon-cum- Chief Medical officer, Darbhanga, who would compare the same with the duplicate, which is with the petitioner and then send the photo copy for verification to the Bihar School Examination Board at Patna. He would ensure that Bihar School Examination Board would respond within a month. If they respond in favour of then the petitioner would be immediately re-instated in service and would be deemed to be in service without break for all purposes including remuneration as his dismissal would be treated as wrong and baseless being based on newspaper report, but if the Bihar School Examination Board reports that the mark sheet is not genuine then petitioner would not be entitled to any relief whatsoever or any benefit arising from his service. With the aforesaid observations and directions, the writ petition is disposed of. singh (Navaniti Prasad Singh,J)