ARUN KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order dated 22.6.2001 passed by Respondent No. 2 whereby the appointment of the petitioner was held to be void, ab initio with a direction to recover the amount of the salary paid to him. Further prayer made by the petitioner is to quash the consequential order dated 14.5.2003 (Annexure -2) passed by Respondent No. 4.

(2.) ACCORDING to the petitioner, he was appointed as an Assistant Teacher in the matric trained scale and posted at Primary School, Chaknathan in Paroo Block in the district of Muzaffarpur by memo No. 8088 dated 16.5.1988. According to him, by memo no. 507 dated 18.12.1993, he was transferred to Primary School, Larua Bejha within Sakra Block in the district of Muzaffarpur. Petitioner asserts that after he was relieved by the Block Extension Officer, Paroo, in pursuance of the said order, he joined Primary School, Larua Bejha on 20.12.1993. Later on, according to him he and one Harikant Jha prayed for mutual transfer and by order dated 16th of October, 1996, the District Education Establishment Committee, Muzaffarpur, allowed their request and by order dated 11th of November, 1996, the petitioner was transferred to Primary School, Harikholia within Gayaghat Block and said Harikant Jha was transferred to Larua Bejha. However, by order dated 16.12.1996, the District Superintendent of Education, Muzaffarpur, stayed the implementation of the said order and directed for stoppage of salary of the petitioner. Thereafter, an inquiry was held by the order of the District Superintendent of Education by the Area Education Officer was according to the petitioner, submitted a favourable report dated 21.5.1997 in regard to the appointment of the petitioner. However, the District Superintendent of Education, on account of personal vengeance did not pay him the salary.

(3.) IN pursuance of the aforesaid order, the Director of Primary Education had adjudicated the matter and found the appointment of the petitioner to be forged and while doing so, it observed that from the appointment register it seems that one Arun Kumar Jha of village Sabhuta, P.O. Bhalua Block Aurai in the district of Muzaffarpur was appointed who is still functioning at Primary School, Teja Dumri Block Paroo in the district of Muzaffarpur. Accordingly, it observed that no appointment letter was ever issued to the petitioner and he is working as such on the basis of the forged letter of appointment. For coming to the aforesaid conclusion, the Director had referred to the appointment register, the letter of the Regional Deputy Director of Education as also the District Superintendent of Education and on appraisal of the same, it observed that the petitioner claims to be resident of Village Bishanpur Shri Ram, Tikar Ashanand in the district of Muzaffarpur and posted at Primary School, Chaknathan but the appointment register shows appointment of one Arun Kumar Jha of Village Sabhuta, of Block Aurai in the district of Muzaffarpur who is still working.