IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7887 of 2000 DR.GAYANAND CHAUPAL Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Shanti Pratap, Advocate. For the State: Mr. Bijay Kumar Pandey, J.C. to G.P.18. 07 16.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner was appointed to the post of Assistant Civil Surgeon by order dated 1st of March, 2000 as contained in Annexure-1 by appropriate authority in the Department of Health, Government of Bihar. Petitioner’s grievance is that his joining has not been accepted by the authorities and as a result he has not been able to perform the duties of his service and he is not getting any salary since 16th March, 2000 when he submitted his application for joining. The stand of the respondent state is that petitioner has committed fraud by claiming himself to be a member of Scheduled Caste belonging to the caste Chaupal where as infact, he belongs to the caste Tatma which is not a Scheduled Caste. It appears from the counter affidavit and materials on record that a criminal case bearing Harijan Thana P.S. Case No. 23/1998 was already pending against the petitioner that he has obtained false caste certificate to claim advantage as a member of the Scheduled Caste and subsequently another case bearing Patna S.C./S.T. case No. 38 of 2005 dated 22.06.2005 has also been filed against him. Thus the stand of the State is that since the petitioner has committed fraud and has obtained a - 2 - letter of appointment in his favour by using forged Caste Certificate hence his appointment is invalid and therefore is not being permitted to join and work. On behalf of petitioner it has been submitted that further proceeding in Harizan thana P. S. Case no.23/98 have been stayed by this court by order dated 02.03.2000 (Annexure-2) passed in Cr. Misc. No. 24253 of 1999. It has further been submitted that petitioner’s father has obtained declaration from the Civil Court that he belongs to the caste Chaupal and is a member of Scheduled Caste. Fraud is a serious matter and it vitiates most solemn proceedings, if it can be proved. However, the authorities of the Health Department, Government of Bihar, cannot keep the petitioner in a perpetual state of uncertainty. Regardless of outcome of the criminal case they are required to follow one or other course of action recognized under service jurisprudence. They must either pass orders to cancel the appointment of the petitioner by giving cogent reasons and opportunity of hearing or else they must allow him to join and then they can subject him to suspension or disciplinary proceeding, as per legal advice. In case there is no sufficient material with the authorities and the appointment of the petitioner is not cancelled on account of fraud then as per law he must be allowed to work. The concerned respondents, particularly the Secretary, Department of Health is directed to take an appropriate decision in this matter in accordance with law within a period of 4 months from the date of production of a copy of this order by the petitioner before respondent - 3 - no.2, the Health Secretary. Petitioner will be at liberty to file a representation also before the Health Secretary along with all the relevant documents to facilitate an early decision in the matter. It goes without saying that if the decision by the Health Secretary goes against the petitioner he would be at liberty to challenge the same in accordance with law. The writ petition is allowed to the aforesaid extent. Sym ( Shiva Kirti Singh, J.)