IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14886 of 2010 1. RUBI KUMARI D/O RAMADHIN PRASAD R/O VILLAGE & P.O.- NANAURI, P.S.- DHANARUA, DISTT.- PATNA Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY DEPARTMENT OF HEALTH, BIHAR, PATNA 3. THE DISTRICT MAGISTRATE-CUM-PRESIDENT DISTRICT HEALTH COMMITTEE, DARBHANGA 4. THE EXECUTIVE DIRECTOR, STATE HEALTH COMMITTEE, BIHAR, PATNA 5. THE CIVIL SURGEON-CUM-CHIEF MEDICAL OFFICER, DARBHANGA 6. THE INCHARGE MEDICAL OFFICER, KEVATI, DARBHANGA 7. THE REGISTRAR, BIHAR NURSES REGISTRAR COUNCIL, BIHAR, PATNA ----------- 04. 05.05.2011 Annexure-5 dated 26.7.2010 came to be issued by the Civil Surgeon cum Chief Medical Officer, Darbhanga, by virtue of which the appointment of the petitioner on the post of ANM was terminated and even a direction was issued for institution of an FIR. Such an order came to be passed because Bihar Nurses Registration Council expressed its opinion that the ANM certificate which was furnished for verification seems to be forged. Writ came to be filed. Respondents were directed to file their counter affidavit and now the stand of the respondent Bihar Nurses Registration Council is that since large number of ANM certificates including that of the petitioner had been furnished, which were Xerox copies and quality of the Xerox copy of the certificate of the petitioner was not up to mark, such an opinion was given. Now that the original has been produced 2 and verified it was found to be genuine. The Court can only observe that such a casual approach should not be taken in declaring a certificate to be forged. If there was any difficulty in reading the contents of the certificate which was forwarded, then an opportunity should have been given to the concerned person to produce a better copy or the original. The verification which has been done in such a casual manner has had devastating effect on the concerned citizen because not only she has lost her job but may be even facing a criminal prosecution. There could have been an occasion if it was United States of America that the concerned respondent would have been sued for a phenomenal amount for a kind of such casual action but since citizens of this country are struggling to survive for a meagre sum of money, therefore, they are prevented from fighting for their right. This, however, does not absolve the respondents from the responsibility of their action and they are cautioned to be more careful in future in this regard otherwise the Court may decisively intervene in the matter if the occasion of this kind arises. Annexure-5 in the above circumstances is quashed. Petitioner is ordered to be reinstated forthwith and she will be entitled to all the benefits including the salary because she was removed on a dis-information if not mis-information furnished 3 by an authority which failed in its duty while verifying the Xerox copy of the certificate. Writ is allowed. If any criminal prosecution has been initiated by institution of a criminal case, then the whole matter may be allowed to rest in the above circumstances. rkp ( Ajay Kumar Tripathi, J.)