MAHANTH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Tej Bahadur Singh, learned Senior Counsel for the appellant and learned Senior Counsel for the State.

(2.) The present Letters Patent Appeal has been filed against the order dated 27.2.2009 passed in C.W.J.C. No. 2681 of 2009 (Mahanth Yadav vs. The State of Bihar & Others). The grievance of the petitioner in the writ petition was that his service had been terminated by order dated 5.12.2008 on the ground that his appointment was unsustainable in the eyes of law. The brief facts of the case are that though a show cause was issued to him pursuant to which he also filed his reply but without considering the case the three men committee came to a finding that the appointment of the petitioner was illegal from the very beginning since there was no advertisement and there was no following of any roster point. It appears from the pleadings that show cause was issued to two persons including the petitioner. Against one of them it had also been alleged that his very letter of appointment was doubtful. The learned Single Judge after hearing the parties was of the opinion that since there was a case of forgery and thus this Court would not interfere since the finding of forgery had to be agitated before a competent Civil Court. In that view of the matter, the writ petition came to be dismissed which gave rise to the present Appeal.

(3.) From the records, it is clear that there was no allegation of any forgery being committed in the appointment relating to the petitioner and the show cause also indicates that with regard to the petitioner there was no allegation of any forgery and he was regularized on existing sanctioned post having the qualification for the same.