YOGESH KUMARYOGESH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner still chases the forged certificate on the basis of which he procured his employment. The argument on the letters patent appeal is that whether the certificate of Class -9 produced by the petitioner was forged or not, legally it has no effect on his employment.

(2.) THE fact of the matter is that the petitioner was unethical in utilising a forged Class -9 certificate which the School certified had not been issued. The petitioner came to the High Court on an earlier petition being CWJC. No. 13888 of 2001. The District Education Officer, Buxar was under a direction to record a speaking order as to why the salary of the petitioner had been stopped. It is this order dated 10 April 2002 (Annexure '13 ' to the writ petition) which was challenged. The District Education Officer, Buxar records that the certificate, in context, is forged. Thereafter, he filed a second petition being CWJC. No. 7879 of 2002, out of which the present appeal arises. There has to be an element of sensitivity, ethics and morality in the matter relating to making declarations. The issue is not that a forged certificate will not effect the petitioner 's employment. The fact of the matter is that the petitioner did utilise a fabricated document to substantiate his eligibility for a job.

(3.) SINCE the petitioner still chases his case, the Registrar General of the High Court, Patna, will advise the District Education Officer, Buxar, respondent no. 2, to take out proceedings within one month for alleged forgery against the petitioner before the Magistrate with appropriate jurisdiction, if not taken out already.