KIRAN THAKUR Vs. RESIDENT COMMISSIONER BIHAR BHAVAN

JUDGEMENT

(1.) The present writ petition has been filed for setting aside the order dtd. 21/2/2014 issued by the respondent, Bihar Bhawan, terminating the service of the petitioner.

(2.) The petitioner was given compassionate appointment in Bihar Bhawan in Group-IV, after the death of her husband, who was working as driver with the Bihar Bhawan. During the course of her service, show Cause Notice dtd. 9/9/2009 was issued to the petitioner on the allegation that she was always creating nuisance loudly under the influence of alcohol day and night, thereby causing inconvenience as well as disturbance to the neighbour families and guests residing in Bihar Bhawan. In the said show cause notice, it was further alleged that the petitioner had threatened the staff car driver in the office room of the Assistant Manager. Thereafter, on the same date, the petitioner was suspended vide office order dtd. 9/9/2009 for misconduct and indiscipline for the offence of misbehaviour under the influence of liquor, assault and abuse to residential employees in staff quarter and for threatening the staff car driver.

(3.) During the suspension period, in the course of preliminary inquiry conducted by the respondent, it came to the fore that certificate submitted by the petitioner in support of her qualification as Class 8th pass issued by the Headmaster, Middle School Kachhuwa, Yogipara, Darbhanga, Bihar, was a forged document. The date of passing of 8th class by the petitioner was shown as 10/2/1988, whereas the study of 8th class was started in that school only in the year 2007. Letter dtd. 18/11/2009 was sent by the Secretary to the State Government, Department of Human Resource Department, Bihar, Patna to the Resident Commissioner, Bihar Bhawan, New Delhi in this regard.