IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45983 of 2005 AJAY KUMAR @ AJOY KUMAR, SON OF LATE SHIV NANDAN PRASAD SAH, RESIDENT OF MOHALLA PURAB SARAI, P.S. MUNGER, DISTT. MUNGER. ------ PETITIONER. Versus STATE OF BIHAR ----- OPPOSITE PARTY. ----------- For the petitioner : None For the State : Mr. Nand Kumar, A.P.P. ----------- 7. 22.07.2010 The petitioner seeks quashing of the order dated 28.9.2005 passed by Judicial Magistrate, 1st Class, Katihar, in G.R. Case No. 205 of 2002/T.R. Case No. 1581 of 2002 by which the Magistrate has rejected the petitioner’s prayer for discharge filed under Section 239 Cr. P.C. On 28.11.2006, the case diary was called for in this case and subsequently on various occasions, the matter were adjourned since the issue of the petitioner having been appointed on fake appointment letter was subjudice before this Court. Today, the counsel for the petitioner is absent but, I am not inclined to adjourn the matter since it is of the year 2005 and propose to dispose it of in absence of the counsel for the petitioner. The case of the prosecution is that the Informant who was the Civil Surgeon-cum-Chief Medical Officer, Katihar, received an information from Civil Surgeon, Ranchi, vide letter No. 2695 dated 5.10.2001 that the petitioner had not been appointed on the basis of the order No. 124 dated 20.1.1980 as 2 a dresser. Upon this report, Katihar Town P.S. Case No. 50 of 2002 was instituted and finally on 28.5.2005, the charge sheet was filed in the matter. From the petition filed herein, it appears that the contention of the petitioner is that he had been appointed as a Health Worker (Dresser) by the Civil Surgeon, Ranchi, vide letter No. 3813 dated 31.12.1979 but a wrong entry in the service book of the petitioner had been made stating therein that he had been appointed vide letter No. 88 dated 15.10.1980 which led to the subsequent confusion. The further submission is that when the petitioner filed a bail application, a report was called for from the Civil Surgeon, Ranchi, who was requested to supply the details with regard to the petitioner’s appointment and by letter No. 688 dated 12.4.2005, he confirmed that the petitioner had in fact been appointed as a Dresser by the then Civil Surgeon, Ranchi. In the meanwhile, the petitioner was dismissed from service and he filed a writ application challenging the same vide CWJC No. 11067 of 2009 and finally on 27.10.2009, the termination order issued on account of fake appointment of the petitioner was quashed which is Annexure-7 of the supplementary affidavit. Pursuant to the order dated 27.10.2009, the petitioner submitted his joining to the Civil Surgeon-Cum- Medical Officer, Katihar, and since then he has been working in 3 the department of Health. It is also a matter of record that no LPA has been filed against the order of the Single Judge ordering reinstatement of the petitioner after striking down his dismissal for reason of the petitioner’s appointment allegedly on fake and fabricated papers. In view of such, this application is allowed and the entire proceeding including the order dated 28.9.2005 passed by Judicial Magistrate, 1st Class, Katihar, in G.R. Case No. 205/T.R. Case No. 1581 of 2002, is hereby quashed. S.Ali ( Anjana Prakash, J.)