STATE OF BIHAR Vs. BIRENDRA KUMAR

JUDGEMENT

(1.) Two cases engage the attention of this Court. One is a Letters Patent Appeal filed by the State of Bihar. This is Letters patent Appeal No. 1154 of 2003: State of Bihar and others v. Birendra Kumar Singh. The other is a Letters Patent Appeal filed by one Ajay Kumar No. 235 of 2004 : Ajay Kumar alias Ajay Sharma alias Ajay Kumar Sharma v. State of Bihar and others. The earlier appeal is by the employer. The subsequent one by the employee. The aspects and circumstances of these two cases are no different than those which have engaged the attention of this Court in many earlier decisions. Coincidentally, even the Supreme Court cases are in the context of Bihar.

(2.) There is an endless stream of cases which come to the Patna High Court when an appointment in public service is terminated. On a return being filed by a counter affidavit invariably the defence of the State is that the appointment had been made fraudulently. The learned Judges deciding these cases in the jurisdiction where the subject matters lie have taken an objective view that if the appointment be fraudulent, then, the person who is party to the fraud, that is, the receiver of the appointment and the giver of the appointment both must be held responsible. Thus, the Court has two appeals before it. One is an appeal by the State of Bihar as it does not like to take the responsibility to take action against its officers when they have indulged in arranging to grant illegal appointments. The other appeal is by an incumbent who would not like to lose his appointment on the ground that it is merely being alleged that it is fraudulent. This appellant contends that he never had any occasion to satisfy any authority that his appointment was, in fact, valid.

(3.) These are not the first cases this Court has engaged its attention to. There are other cases which have seen decision. There is a spate of petitions received by the High Court where promotions or time bound promotions are being recalled after long years on the ground that they had been irregularly granted or fraudulently given. The theme is the same. One aspect is common that such action is being taken by the State or is being faced invariably by Class IV employees. Then these are matters relating to allegations of irregular, illegal or fraudulently granted promotions to Class III posts. Then all the cases pending at the Patna High Court ought to be put together, whether decided or pending, so as to perceive the serious aberration in the functioning of the State administration particularly matters relating to employment public employment of Class IV and Class III employees. Does the administration of the State of Bihar as a generality make fraudulent appointments?