IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4046 of 2007 Sakaldeo Ram, son of late Ram Lakhan Ram, Village Bedaul Ram Nagar, P.O. Bedaul, P.S. Pupari, Dist. Sitamarhi. ------- Petitioner Versus 1. The State of Bihar through the Commissioner and Secretary, Human Resources Development Department, Vikas Bhawan, Patna. 2. Commissioner and Secretary, Human Resources Development Department, Vikas Bhawan, Patna. 3. Director, Primary Education, Bihar, Vikas Bhawan, Patna. 4. District Education Officer, Sitamarhi. 5. District Superintendent of Education, Sitamarhi. 6. Block Education Extension Officer, Pupari (Sitamarhi). --------- Respondents ----------- 2 16.08.2011 Having heard learned counsel for the parties and taking into account that the petitioner’s payment of salary was stopped from December, 2006 to July, 2010 (up to 7th July, 2010) on the ground that he was working on the post of teacher by producing a forged caste certificate of belonging to the Scheduled Caste in terms of the direction contained in the letter of the Block Education Extension Officer, Pupari dated 2.12.2006 and that the counsel for the petitioner has now claimed that the payment of salary of the petitioner has since been resumed with effect from 8.7.2010, this Court would remit the matter back to the District Education Establishment Committee of Sitamarhi district, who will decide the claim 2 of payment of salary of the petitioner for the period December, 2006 to 7.7.2010. In the event the enquiry undertaken as with regard to the production of forged caste certificate by the petitioner has not been completed by the concerned disciplinary authority, the same must be expedited so that it gets completed within a period of six months from the date of receipt/production of a copy of this order, whereafter, the District Education Establishment Committee shall take a decision both with regard to the claim of payment of salary of the petitioner as also his continuation in service. If, however, such an enquiry has already been completed and the petitioner’s salary has been resumed on being satisfied that he had not produced any forged caste certificate, the authority will also be required to examine the claim of the petitioner of continuously working in the period December, 2006 to 7.7.2010 for the purposes of his payment of salary. It goes without saying that if the charge against the petitioner has been dropped and that there is sufficient proof of the working of the petitioner in the aforesaid period of December, 2006 to 3 7.7.2010, the District Education Establishment Committee shall pass its necessary order as with regard to the payment of salary of the petitioner. Let it be made clear that in absence of any counter affidavit on behalf of the State and its officials and supplementary affidavit on behalf of the petitioner as with regard to resumption of his payment of salary with effect from 8.7.2010, whatever has been recorded above is based on the submission made by the parties and, therefore, nothing said in this order should be treated to be final and binding, inasmuch as, the whole issue of the petitioner’s continuation and payment of salary is now being remitted to the competent appointing authority of the petitioner i.e. the District Education Establishment Committee of Sitamarhi district. In order to expedite the whole process, this Court would give liberty to the petitioner to file a self-contained representation addressed in the name of District Programme Officer, who shall place the matter before the District Education Establishment Committee, Sitamarhi for 4 getting its final decision. With the aforementioned observations and direction, this application is disposed of. Rsh (Mihir Kumar Jha, J.)