IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20730 of 2011 ====================================================== Smt.Lalita Devi .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Mahendra Thakur For the Respondent/s : Mr. Manikant Mishra Gp25 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 2 16-12-2011 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by the order dated 6.4.2011 removing her from the post of Angan Bari Sevika on the ground that her educational certificate on verification from the Bihar Sanskrit Shiksha Board had been found to be forged. Learned counsel for the petitioner submits that the order is in violation of the principles of natural justice as no opportunity to defend was given. The appointment had been made on sufficiency of credentials. If the petitioner had been given an opportunity she could have satisfied the respondents that the certificates were not forged. Forgery is a question of fact. The impugned order dated 6.4.2011 does not state that the petitioner was heard before removal. The order is bad to that extent. However, in the nature of the Patna High Court CWJC No.20730 of 2011 (2) dt.16-12-2011 2 allegation made, the Court is not satisfied to direct subsequent reinstatement. That shall depend on the fresh orders to be passed by the authorities after hearing the petitioner. The institution of a First Information Report is not proof by itself in accordance with law unless and until at least charge-sheet has been filed. The order dated 6.4.2011 is set aside. Let the respondents pass a fresh reasoned and speaking order after hearing the petitioner and on which shall depend her claim for reinstatement. Let such fresh orders be passed preferably within a maximum period of three months. The writ application is allowed. Krishna Chandra Jha/- (Navin Sinha, J)