IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7281 of 2010 1. AMRENDRA KUMAR S/O SHRI KAMESHWAR PRASAD R/O VILL.+P.O. SARATU, P.S.- TANDWA, DISTT.- AURANGABAD Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, PATNA. 3. DISTRICT MAGISTRATE, AURANGABAD. 4. DISTRICT SUPERINTENDENT OF EDUCATION, AURANGABAD. 5. BLOCK EDUCATION EXTENSION OFFICER, NAVI NAGAR, AURANGABAD. 6. MUKHIYA OF GRAM PANCHAYAT KHAJURI, PANDU, P.S. TANDWA, DISTT.- AURANGABAD. 7. PANCHAYAT SACHIV OF GRAM PANCHAYAT KHAJURI, PANDU, P.S. TANDWA, DISTT.- AURANGABAD. ----------- 3. 04.04.2011 I.A. No. 2573 of 2011 has been filed for modification of the prayer earlier made in the writ petition in view of the subsequent development where a direction has been issued to the Panchyat Secretary to cancel the appointment of the petitioner and report the outcome thereof to the District Authorities. This communication has been brought on record by the State as Annexure-B filed and annexed with the counter affidavit. I.A. is allowed. This writ application has been filed by the petitioner initially for a direction for payment of 2 salary to the petitioner, who was initially appointed as a Panchyat Teacher on 7.7.2007 and was not given his salary by the respondents. The background under which the stoppage of salary was made was because on verification of the mark-sheet tendered by the petitioner certain anomaly had emerged with regard to registration number. A doubt was raised with regard to its authenticity on which basis petitioner was appointed by the respondents. It emerges that even a criminal case was instituted against the petitioner for filing a forged and fabricated document to obtain employment. Matter was investigated and a clarification was also sought by the police from the Bihar School Examination Board, Patna with regard to the correctness of the petitioner’s certificate. Petitioner has annexed Annexure-7 which is the communication dated 24.12.2008. The office of Bihar School Examination Board has certified that there was a minor discrepancy with regard to the registration number but the certificates so issued by the erstwhile Intermediate council was otherwise correct in respect to all other parameters. The criminal case was closed and a final form also submitted. So far the criminal liability is concerned, 3 the police found no illegality in the conduct of the petitioner or the documents submitted by him. Petitioner also approached the District Teachers Employment Appellate Authority for a direction for payment of his salary. Matter was examined by the appellate authority and an order dated 7.7.2007 came to be passed giving a direction to the respondents to make payment to him, as he was legally and validly appointed. However, this order was not honored under the circumstances that large scale irregularities were found in the manner in which the erstwhile member of the appellate authority of Aurangabad came to pass orders in various litigations before him. An enquiry was conducted at the instance of the District Magistrate which was enquired into by the Sub Divisional Officer and a detailed report came to be given. Prima facie the conduct of the then member of the appellate authority was found not above board so a criminal case against him came to be instituted. In the above factual background and facts a general order was passed by the District Magistrate cancelling all appointments or not implementation of the order passed by the Appellate Authority. 4 After having perused the writ application, the various evidence as well as the stand taken by the State, the Court comes to a considered opinion that the case of the petitioner is different and suffers from non application of mind by the District Magistrate. He has painted the petitioner with the same brush despite his case being different from the rest. The case of the petitioner primarily related to the so called discrepancies in the certificate issued by the erstwhile Intermediate Council and since, it was found to be genuine on due verification, therefore, petitioner did acquire a right for payment of his salary. Merely because the petitioner approached the appellate authority for a direction it does not mean that even his appointment could be cancelled in a rushed and arbitrary manner. Learned counsel for the State submits that the circumstances under which the decision was taken are stated in the counter affidavit but there is no clear explanation whether the case of the petitioner was actually verified. In the circumstances, taken note of in earlier part of the order there was no discrepancy in the mark sheet submitted by the petitioner and the criminal case has come to rest. On that score appointment of the 5 petitioner did not remain an issue. There is no reason why the respondent authorities should now be permitted to remove him from service or pass such an order as to bring him under the zone of a suspect, merely because there was an order of payment of salary passed by the erstwhile member of the District Teachers Appointment Appellate Authority. This writ application is allowed with a direction issued upon respondent authorities specially the District Administration, Auragabad to see that the petitioner’s service is not disturbed and he is paid his salary without any hindrance. Annexure-B in so far as it relates to the present petitioner is also quashed and the writ is allowed. Anand Kr. ( Ajay Kumar Tripathi, J.)