IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1200 of 1996 MD.MUSLIM, S/o. Sri Mohammadin, r/o. Village- Karanj, P.O. Jigina, P.S. Dinara, District- Rohtas, at present Clerk in High School Ranbirpur, P.O.+ P.S. Nawanagar, District- Buxar. --- Appellant. Versus 1. THE STATE OF BIHAR, 2. The Director (Secondary Education)-cum-Additional Secretary, Govt. of Bihar, Budh Marg, Patna-1. 3. The Deputy Director of Secondary Education, Department of Human Resources Development, Govt. of Bihar, Patna. 4. The District Education Officer, Buxar and Bhojpur. 5. The High School, Ranbirpur, P.O. + P.S. Nawanagar, District- Buxar, through its Headmaster. 6. Sri Ram Sagar Prasad Singh, S/o. Chirkut Singh, r/o. Vill. Warapkhurd Banswantola East, P.O. Baswankala, P.S. Sikraul, District- Buxar, Ex-Headmaster, High School Ranbirpur at present Principal Inter College Bihya Bihya, District- Bhojpur. --------- Respondents. Counsel for the Appellant: Mr. Rajendra Singh, Sr. Advocate. Md. Nasrul Hoda, Advocate. Counsel for the Respondents: ----------- 04. 21.06.2011 This letters patent appeal has been filed against the order dated 26.09.1996 passed by the learned Single Judge in C.W.J.C. No. 4781 of 1995, by which the learned Single Judge dismissed the writ on the ground that in the counter affidavit filed by the State it was stated that appointment letter of the petitioner was forged and it was further stated in the counter affidavit that the claim of the petitioner was examined at length by the government authority and 2 his claim was rejected holding that the appointment letter of the petitioner was forged. The petitioner claimed that he was appointed on 27th November, 1984 and he was paid salary for 25 months and thereafter his salary was stopped without any termination order. Thereafter the petitioner filed a writ petition before a Bench and petition was withdrawn by him with liberty to make representation before the concerned government authority. The representation was made before the concerned authority and the representation of the petitioner was rejected vide order dated 27.02.1992. Feeling aggrieved the petitioner filed CWJC No.4781 of 1993, which was dismissed by the impugned order. It has been stated in Para-13 of the writ petition that there are two other persons appointed by the same appointment letter and they are still working and discharging their duties. There are two counter affidavits filed by the respondents. One is by respondent No.4 in which paragraph-13 has not been replied. It contains the general statement of the facts on behalf the Deputy Director Education (respondent No.3) and another 3 counter affidavit has been filed by respondent No.4, who is the Sub-Divisional Education officer, (South) Arrah, in his counter affidavit in para-13 the reply of para-13 of the writ petition has been given that the statement contained in para-13 of the writ petition requires no comment. Thus, the statement made in paragraph-13 of the writ petition stands unrebutted. Thus, if the appointment letter was forged then the payment of all the three persons appointed by the same order should have been stopped not the petitioner only. This itself shows that the stand of the respondents that the appointment letter of the petitioner was forged stands belied. Not only this, F.I.R., was lodged against the petitioner and criminal trial was held in which though the trial-court convicted the petitioner but in appeal the appellate court held that the prosecution could not prove that the appointment letter was forged and the appointment was duly intimated to a Regional Deputy Director. These two substantial facts have not been noticed by the learned Single Judge on which CWJC deserved to be allowed. Thus, the judgment of the 4 learned Single Judge is set aside and letters patent appeal is allowed. The petitioner will be taken back on duty forthwith as there is no termination order but no back wages shall be paid. However, period shall be counted for the purpose of pension if the post is pensionable. Mkr. ( Prakash Chandra Verma, J. ) (Aditya Kumar Trivedi, J.)