IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6744 of 2008 DHARMENDRA KUMAR son of Sri Jairam Ssingh, resident of Village Chatarpur, P.S.Parwalpur District Nalanda. Versus 1.THE STATE OF BIHAR 2. The Director Secondary Education, Bihar, Patna. 3.The Regional Deputy Director of Education,Gaya 4.The District Education Officer,Gaya 5.The Headmaster of High School,Amas,Gaya. ----------- 3 21.1.2009. Heard counsel for the petitioner and the State. Prayer of the petitioner is for quashing the order dated 8.5.2004 contained in Memo no.,936 issued under the signature of Director, Secondary School Education Department, Bihar,Patna whereby petitioner has been terminated from his service on the ground that his appointment was on the basis of forged certificates. Counsel for the petitioner submits that this is the second occasion when petitioner has been terminated from service on similar grounds. In respect of forged appointment on the basis of forged certificate, a criminal case has also been instituted by the respondents which is subjudice. Termination order issued earlier on the similar ground were challenged by the petitioner and other similarly situated persons by filing C.W.J.C.No.7656 of 2004 and analogus cases. This writ applications were heard and decided by order dated 28.11.2006. Writ applications were allowed and termination orders were quashed. The State Government preferred S.L.P. against this order before the Supreme Court of India which was dismissed as no relevant documents were produced in support of allegation of appointment on the basis of forged certificates. However, liberty was given to the State Government to take appropriate action 2 in the light of the outcome of the criminal prosecution. Counsel for the petitioner submits that the criminal cases are still subjudice, but again orders have been passed terminating the service of the petitioner. I find that against similar termination C.W.J.C.No.15872 of 2007 had been filed by one of the aggrieved person. The writ application was allowed by order dated 1.7.2008 setting aside the impugned order and the respondents were given liberty to proceed in accordance with law in terms of the Supreme Court’s order. This application is also being disposed of on same terms and conditions. Impugned order dated 8.5.2004 contained in Memo no.936 is quashed, giving liberty to the respondents to proceed afresh in accordance with law in the light of Supreme Court’s decision. Sss/- (Mridula Mishra, J)