IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6382 of 2010 NIRANJAN TIWARI, S/O LATE VIR TIWARI @ KRISHANA TIWARI, R/O VILL+P.O.GHOKRAHA, P.S.MAJHAULIYA, DISTT- BETTIAH ……………………………………….. PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVERNMENT OF BIHAR, PATNA 2. THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 3. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 4. THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF BIHAR, PATNA 5. THE CENTRAL BUREAU OF INVESTIGATION THROUGH ITS DIRECTOR GENERAL, NEW DELHI 6. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA 7. THE ADDITIONAL DIRECTOR GENERAL, STATE CRIME BUREAU, BIHAR, PATNA 8. THE INSPECTOR GENERAL OF POLICE, SPECIAL VIGILANCE UNIT, BIHAR, PATNA 9. THE INSPECTOR GENERAL OF POLICE, MUZAFFARPUR RANGE, MUZAFFARPUR 10. THE DISTRICT MAGISTRATE, DISTT - BETTIAH 11. THE SUPERINTENDENT OF POLICE, DISTT – BETTIAH …. ……………………………………………… RESPONDENTS. ----------- For the Petitioner: Mr. Mahendra Prasad Gupta, Advocate. For the State: Mr. A. Amanullah, S.C. XVII. For the C.B.I.-Respondent No. 5: Mr. Bipin Kumar Sinha, Advocate. ------------ 2. 13.04.2010. Heard Mr. Mahendra Prasad Gupta, learned counsel for the petitioner. In this public interest writ petition the prayer is to direct the respondent-authorities to conduct an enquiry by the Central Bureau of Investigation regarding large scale 2 of forge and fabricated certificates issued by the educational institutions in different parts of the State of Bihar. To appreciate the lis in proper perspective it is appropriate to reproduce paragraphs 4 to 6 of the writ petition: “4. That it is relevant to state here that petitioner made a complaint to Additional Director General, State Crime Beauru, Bihar, Patna on 16-4-07 about the misdeeds of one Ramji Tiwari @ Ramlakhan Tiwari. He has stated that Ramlakhan Tiwari has passed Matriculation Examination from Moti lal high school, Majhauliya in 1969-70 and his date of birth was 6-10-51. He has also received unemployment allowances from the Block Office Majhauliya for the period 1975-1985. He has again passed the Madhyama Examination from Raj Sanskrit Uchcha Vidhyalay in 1984, changing his name as Ramji Tiwari and also given a new date of birth 7-09-62 which is anterior to his real date of birth i.e. 6-10-51. He has also done teachers training from Teachers Training College Balmiki nagar West Champaran in 1984-85 session and also got stipend. Presently Ramji Tiwari @ Ramlakhan Tiwari is working as a teacher in khasuar village of LalGarh Panchayat 3 in Chanpatiya Block. 5. That the petitioner has also stated in his aforesaid representation that the wife of Ramji Tiwari @ Ramlakhan Tiwari has also changed her name from Sushila Devi to Sashi Kiran Devi. 6. That the petitioner has given names of following persons who were teaching in the different Government Schools on the basis of false certificates provided to them by Ramji Tiwari @ Ramlakhan Tiwari. Name Father’s name Address Name of School Satendra singh Late Ramadhar singh Village + Post – Gokraha, P.S.- Majhauliya Block Nautan Pradeep Kumar panday Jagat Narayan Panday Village + Post – Gokraha, P.S.- Majhauliya Block Nautan (Churamanpatti) Reema devi W/o- Sanjay Mishra Village + Post – Barbachap, chanpatiya Block chanpatiya (Barbachap) Dharmendra dubey Upendra dubey Block chanpatiya The paragraphs which come thereafter also bear the same sort of allegations. On a bare perusal of the said paragraphs, it is luminescent that the petitioner has really prayed for conducting an enquiry or investigation in 4 respect of certain examinations that had taken place sometimes in the year 1969-70, 1984 and 1984-85. Such a Public Interest Litigation has to be thrown overboard, firstly, on the ground of delay and laches, for a public spirited person cannot be asked to raise an issue as belatedly as has been done in the case at hand and, secondly, the entire allegations are targeted against one Ramji Tiwari, the natural brother of the petitioner. It is unfortunate a battle between the two brothers is sought to be fought on the facade of a Public Interest Litigation. We can only say when brotherly love does not come to the forefront, the hatred amongst the siblings should not come to the Court in such kind of litigation. We deprecate deeply the conduct of the petitioner. In the result, the writ petition stands dismissed in limine. Dilip ( Dipak Misra, C.J. ) ( Mihir Kumar Jha, J. )