IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16134 of 2011 NAGESH KUMAR S/O SRI LAXMI MAHTO, R/O VILLAGE- RAMPUR PARORI (EAST). P.S.- SITAMARHI, DISTRICT- SITAMARHI ……….Petitioner Versus 1. THE STATE OF BIHAR THROUGH THE DIRECTOR IN CHIEF HEALTH SERVICES BIHAR, PATNA 2. THE DIRECTOR-IN-CHIEF HEALTH SERVICES, BIHAR, PATNA 3. REGIONAL DEPUTY DIRECTOR, HEALTH SERVICES, DARBHANGA DIVISION, DISTRICT- DARBHANGA 4. CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, BEGUSARAI, DISTRICT- BEGUSARAI 5. CIVIL SURGEON CUM CHIEF MEDICAL OFFICER, MADHUBANI DISTRICT- MADHUBANI 6. INCHARGE MEDICAL OFFICER, ADDITIONAL PRIMARY HEALTH CENTRE, LAKHANPATTI, DISTRICT- BEGUSARAI ………….Respondents ----------- 2. 21.09.2011 The writ petitioner is aggrieved by the order dated 25.01.2011 passed by a one man enquiry committee in Case No. 124 of 2010, pursuant to the observations and directions contained in L.P.A. NO. 473 of 2010. He invites attention to clause (j) appearing in the order in L.P.A. 473 of 2010, which may be reproduced here for ease of reference:- “(j) It would also be open to the employee-writ petitioners to demonstrate and establish before the said one man committee that his/her case is similar to those of the persons who have been retained and/or reinstated in service in the wake of the report of the screening committee headed by the Director-on-chief of Health Department constituted in terms of the earlier directions of this court in the order dated 26.6.2006 in L.P.A. no. 946 of 2003 (State of Bihar Vs. Purendra Sulan Kit) and its analogous cases, reported in 2006 (3) PLJR 386”. He further places reliance on the decision of this Court in C.W.J.C. No. 6575 of 2009, whereby an earlier 2 enquiry report of a five member committee placing the petitioner’s case in the forged category (Annexure-10 read with Annexure-13) was quashed. Learned counsel for the petitioner primarily submits that his termination on the ground that his appointment was founded on forged documents is wholly illegal and that the impugned order dated 25.12.2011 (Annexure-15) ought not to have been passed without considering whether or not the petitioner has been discriminated in terms of the aforesaid clause (j) in L.P.A. No. 473 of 2010. He places reliance on the decision in M.L. Kesari’s case reported in 2010 (9) SCC 227 and submits that he satisfies all the conditions laid down therein, such as 10 years of continuous service, appointment against vacant sanctioned post, etc. Learned counsel for the State, on the other hand supports the impugned order on the ground that the same is a speaking one and has been passed after obtaining all the documents from him and a proper appraisal thereof, and after duly hearing the petitioner. In the opinion of this Court, this writ petition has to be dismissed and the petitioner would not be entitled to the benefit of the ratio in M.L.Kesari’s case for the simple reason that there is a clear and specific finding by the one may enquiry committee that the petitioner’s documents were forged. A reference to M.L.Kesari case, which was rendered in context of regularization of service, would itself 3 show that the benefit could only be extended for regularization in a case where the appointment was found merely irregular and not illegal. It clearly transpires from a reading of the impugned order that the petitioner was duly called upon to produce the documents relied upon by him in support of his appointment, and by a categorical finding, after due consideration of the same, these were found to be fake and also that the rules of appointment had been completely overlooked. As such the appointment of the petitioner was specifically found to be illegal. In the above view of the matter, the objection of the petitioner with regard to the enquiry committee failure to go into the question of whether or not the petitioner had been discriminated against in the matter of appointment, becomes irrelevant and the said enquiry committee’s order cannot be faulted on that account. In the result, therefore, this writ petition is dismissed. Fahad. ( Vikash Jain, J. )